Balchand v Minister for Justice

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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

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

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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