https://berkeleysolicitors.ie/wp-content/uploads/2016/10/Berkeley-Solicitors-1.png 0 0 berkeleysolicitors https://berkeleysolicitors.ie/wp-content/uploads/2016/10/Berkeley-Solicitors-1.png berkeleysolicitors2017-01-25 10:47:152017-01-25 10:47:15THE COURT OF APPEAL HAS ISSUED TWO JUDGMENTS WHICH HAVE FAR REACHING CONSEQUENCES FOR APPLICATIONS UNDER SECTION 4(7) OF THE IMMIGRATION ACT 2004
Luximon v. Minister for Justice & Equality (Court of Appeal – 14/12/2016) Balchand v. Minister for Justice & Equality (Court of Appeal – 15/12/2016) The Court of Appeal (Finlay Geoghegan J, Peart J & Hogan J) delivered important judgments on 15th December 2016 in the cases of Luximon & Ors -v- The Minister for Justice & Equality  IECA 382 and Balchand & Ors -v- The Minister for Justice and Equality  IECA 383. These two cases concerning the question of whether, in determining an application for permission to remain by a non-EEA national, made pursuant to section 4(7) of the Immigration Act 2004, the Minister is obliged to consider the applicant’s rights to the respect for private & family life as guaranteed under Article 40.3 of the Irish Constitution and Article 8 of the ECHR. The Court of Appeal held that the High Court Judgment of Barr J in Luximon (20 March 2015) IEHC  227was correct in finding that there was such an obligation on the Minister. These judgments would appear to mainly affect people who are resident in Ireland on student permission or those who have overstayed their student permission, specifically those who wish to continue to live and work in Ireland after their student permission expires.