Facts The applicants were both born in Pakistan and were first cousins. The first applicant became a naturalised British citizen and subsequently moved to the State in exercise of his EU Treaty Rights. He applied for permission for his first cousin to join him in the State as a permitted family member on the basis that he was a member … Read More
Subhan v Minister for Justice
Subhan v Minister for Justice
| Respondent/Defendant: | Minister for Justice |
| Court/s: | Court of Appeal |
| Citation/s: | [2019] IECA 330 |
| Nature of Proceedings: | Judicial review/Appeal |
| Judgment Date/s: | 19 Dec 2019 |
| Judge: | Baker M |
| Category: | Citizenship, Immigration law Free movement |
| Keywords: | Dependant, Family Member, Free Movement, Freedom of Movement (Right to), Non-EU National |
| Country of Origin: | United Kingdom, Pakistan. |
| URL: | https://www.courts.ie/acc/alfresco/19bc7313-7173-491a-b089-d476d2391f77/2019_IECA_330_1.pdf/pdf#view=fitH |
| Principles: | A person who cohabits or lives under the same roof as a Union citizen is not, merely by reason of that cohabitation, to be considered a member of the Union citizen’s household. The key task of the decision maker was to ascertain whether the cohabitation or co-living arrangements are more than merely convenient, and whether the non-Union citizen family member is part of a cohesive, long term, coherent and single unit which might generally be called a “household”. |