Ogieriakhi v Minister for Justice and Equality

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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

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

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.

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