Middelkamp v Minister for Justice and Equality

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Middelkamp v Minister for Justice and Equality
Respondent/Defendant:Jaimee Middelkamp
Court/s:Supreme Court
Citation/s:[2023] IESC 2
Nature of Proceedings:Judicial Review
Judgment Date/s:01 Feb 2023
Judge:Hogan, G. 
Category:Immigration, Residence
Keywords:European Convention on Human Rights (ECHR), Family Life (Right to), Family Unity (Right to)
URL:www.courts.ie/acc/alfresco/c0c9c765-7099-4d6d-aefa-7b84d49ba5c1/2023_IESC_%202_%20Hogan%20J).pdf/pdf#view=fitH

Facts: The respondent is a Canadian citizen and her husband is also a Canadian national. In 2018, the respondent’s husband commenced a four-year dentistry course in University College Cork and obtained a student visa. The respondent entered the State under the Working Holiday Authorisation Scheme, with a non-renewable permission valid until 2020. At the end of 2019, she applied to … Read More

Principles:The Minister’s decision engaged the respondents’ right to respect for family life under Article 8(1) ECHR, but interference with this right was justified as being necessary in a democratic society for the purposes of Article 8(2).
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