Facts: The applicant was a Romanian national who sought asylum in Ireland on the 26 March 2001, as did his girlfriend, who was also Romanian, and gave birth to a child in Ireland, who was a citizen by operation of law. They subsequently withdrew their applications for asylum and applied to the Minister for Justice for permission to remain on … Read More
Sandu v Minister for Justice
| Respondent/Defendant: | Minister for Justice and Equality |
| Court/s: | High Court |
| Citation/s: | [2015] IEHC 683 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 31 Jul 2015 |
| Judge: | MacEochaidh J. |
| Category: | EU Treaty Rights, Residence |
| Keywords: | EU Treaty Rights, Removal Order, Residence |
| Country of Origin: | Romania |
| URL: | https://www.courts.ie/acc/alfresco/f83deff3-63b2-41dd-9b97-7a7066b1b924/2015_IEHC_683_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | When deciding whether or not a person has accumulated 10 years’ residence in the State for the purpose of acquiring enhanced protection from expulsion under Article 28(3) of the Citizens’ Directive, the Minister for Justice must count back from the date upon which the removal order was made in order to ascertain if the necessary period of residence has been completed. |