Facts: The first named applicant was a Mauritian national who arrived in the State on the 7 December 2006 and was granted an immigration permission on student conditions (generally referred to as “stamp 2” conditions or permission). He married the second named applicant, who was also a Mauritian national, and shortly thereafter she also arrived in the State and was … Read More
Balchand v Minister for Justice
| Respondent/Defendant: | Minister for Justice |
| Citation/s: | [2016] IECA 383 |
| Nature of Proceedings: | Appeal |
| Judgment Date/s: | 15 Dec 2016 |
| Judge: | Finlay Geoghegan J. |
| Category: | Residence |
| Keywords: | Immigration, Regularisation, Residence, Residence Permit, Student |
| Country of Origin: | Mauritius |
| URL: | https://www.courts.ie/acc/alfresco/e23dd69e-8b80-4b5e-955e-6b6522fde01e/2016_IECA_383_1.pdf/pdf#view=fitH |
| Geographic Focus: | Other |
| 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. |