Facts: The plaintiff’s wife, a French national, lived and worked in the State between 1999 and the end of 2004, and the plaintiff resided here throughout that period and beyond. In 2007, the plaintiff applied for permanent residence pursuant to art.16 of Directive 2004/38/EC and reg.12 of the Irish implementing regulations, the European Communities (Free Movement of Persons) (No.2) Regulations … Read More
Ogieriakhi v Minister for Justice and Equality
| Respondent/Defendant: | Minister for Justice and Equality |
| Court/s: | Supreme Court |
| Citation/s: | [2017] IESC 52 |
| Judgment Date/s: | 13 Jul 2017 |
| Judge: | O’Malley I. |
| Category: | EU Treaty Rights |
| Keywords: | EU Treaty Rights, Free Movement, Immigration, Non-EU National, Third-Country National, Union Citizen |
| Country of Origin: | Nigeria/Ireland |
| URL: | https://www.courts.ie/acc/alfresco/608f029a-2647-4aee-9435-0f6b213386bd/2017_IESC_52_1.pdf/pdf#view=fitH |
| Geographic Focus: | Other |
| Principles: | The plaintiff/appellant was not entitled to Francovich damages because the error of law made by the Minister in refusing his application for permanent residence was not inexcusable. |