MKFS v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 48
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:24 Jul 2020
Judge:McKechnie W
Category:Immigration
Keywords:Family Member, Free Movement, Marriage of Convenience
Country of Origin:Pakistan, Latvia
URL:https://www.courts.ie/acc/alfresco/62731429-025f-485f-95c7-8ceb67c95d52/2020_IESC_48(Unapproved).pdf/pdf#view=fitH

Facts: The applicant was a Pakistani national who entered the State on 12th June 2009 on a visit visa. On 12th February 2000 he married a Latvian national who was resident in the State and exercising her EU Treaty Rights. On 27th April 2010 the applicant applied for a residence card under the European Communities (Free Movement of Persons) (No. … Read More

Principles:The Minister for Justice is entitled in the course of the deportation decision-making process to rely on an earlier, unchallenged finding that a marriage is one of convenience. However, he must nonetheless have regard, in operating that process, to the Article 8 rights of the applicants as founded on the underlying relationship between the parties.
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