RC v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 65
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:15 Feb 2019
Judge:Humphreys R
Category:Refugee Law
Keywords:Discrimination (Direct), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/bd8e4e01-f677-46fd-b565-affc6965ec4a/2019_IEHC_65_1.pdf/pdf#view=fitH

Facts: The applicant was a national of Afghanistan who was granted subsidiary protection in Ireland in 2016. He subsequently applied for family reunification for his wife whom he married in 2017. The Minister for Justice refused the application on the basis that section 56(9)(a) of the 2015 Act only provided for refugee family reunification for spouses where the marriage pre-dated … Read More

Principles:The exclusion of post-flight marriages from the statutory right to family reunification in section 56(9)(a) of the International Protection Act 2015 is not unlawful.
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