Facts: The applicant was an EU citizen who had moved to the State and wanted a visa for his wife to allow her join him. The rights asserted by the applicants arose pursuant to Directive 2004/38/EC (“the Citizens’ Directive”) and in particular article 5(2) which provided that such visas should be issued “as soon as possible and on the basis … Read More
Ahsan v Minister for Justice and Equality
| Respondent/Defendant: | Minister for Justice and Equality |
| Court/s: | High Court |
| Citation/s: | [2016] IEHC 691 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 28 Oct 2016 |
| Judge: | Faherty M. |
| Category: | EU Treaty Rights |
| Keywords: | EU Treaty Rights, Freedom of Movement (Right to), Immigration, Third-Country National, Union Citizen, Visa |
| Country of Origin: | United Kingdom/Pakistan |
| URL: | https://www.courts.ie/acc/alfresco/208f7b4e-f207-4984-9ae9-98f2a6316beb/2016_IEHC_691_1.pdf/pdf#view=fitH |
| Geographic Focus: | Other |
| Principles: | The decision in Ahsan establishes that delays of several months in the determination of visa applications by non-national family member of EU citizens to allow them join EU nationals in the State are in breach of EU law, notwithstanding the unprecedented surge in the numbers of such applications which pose logistical difficulties for the Minister. Generalised concerns as to potential abuse of EU Treaty Rights are not sufficient to justify such delays. |