Luximon v Minister for Justice

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Respondent/Defendant:Minister for Justice
Citation/s:[2016] IECA 382
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Dec 2016
Judge:Finlay Geoghegan J.
Category:Residence
Keywords:Immigration, Protection (International), Regularisation, Residence, Residence Permit, Student
Country of Origin:Mauritius
URL:https://www.courts.ie/acc/alfresco/8fa3faf7-d874-4a36-914c-4354fad01088/2016_IECA_382_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a Mauritian citizen who came to Ireland in July 2006 on an student permission. This permission was renewed  from time to time until June 2012. In October 2012 she applied for a change of status to regularise her position in the State, which would effectively allow her continue to reside in Ireland without the requirement that … Read More

Principles:

The decision in Luximon confirms that the provisions of the Irish Constitution regarding private and family life rights and similar rights under Article 8 of the European Convention of Human Rights must be considered by the Minister when assessing an application for change of immigration status under section 4(7) of the Immigration Act 2004.

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