The Supreme Court have delivered a seminal judgement in the case of MK(Albania) v Minister for Justice v Minister for Justice and Equality  IESC 0000.The Supreme Court have issued five separate judgements in respect of this case. The majority of the Supreme Court, including the Chief Justice ruled not to overturn the judgement of the High Court. The High court had determined in this case that a person “with a non-settled or precarious residential status cannot assert Article 8 rights, unless exceptional circumstances arise.
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Ms Justice Bolger of the High Court has recently delivered a judgement in the case of O v Minister for Justice  IEHC 617. The case concerned a Nigerian citizen who applied for refugee family reunification for his non-marital partner and three children in Nigeria pursuant to s.56 of the International Protection Act 2015. The applications for his children were granted, however the application for his partner was refused. The applicant sought to challenge this decision by way of judicial review proceedings in the High Court, seeking to quash the decision. The Court refused the application and did not grant the relief sought.
Mr Justice Garrett Simons of the High Court has recently delivered a judgement in the case of A.J.A v Minister for Justice  IEHC 162 JR. The case concerned a refusal of an application for naturalisation. The application was refused on the grounds that the Applicant did not meet the good character criterion under Section 15(1)(b) of the Irish Nationality and Citizenship Act, 1956. The Applicant was found to have submitted a potentially false Somali passport with her application.
Ms Justice Bolger of the High Court has recently delivered a judgement in the case of S v Minister for Justice  IEHC 578. The case concerned an Indian citizen who was granted a work permit to take up a position as a tandoori chef. The Applicant then applied for a visa to enable him enter Ireland to take up this employment position, but his visa application was refused. The Applicant appealed against this refusal; his appeal was also unsuccessful. The Applicant initiated Judicial Review proceedings in the High Court to challenge the Minister’s decision, seeking an order of certiorari to quash the decision. Ms Justice Bolger found for the applicant and granted the order quashing the decision.
Ms Justice Bolger of the High Court has recently delivered a judgement in the case of K v Minister for Justice  IEHC 582. The case concerned a review of the decision to revoke an EU Residence Card which had been previously granted to the spouse of a Latvian citizen. The submissions put forward by the applicant were rejected by the Minister, who found firstly that the applicant’s marriage to an EU citizen was one of convenience, and secondly that the applicant had submitted false and misleading documentation in support of his application for a residence card.
Justice Phelan of the High Court has recently delivered judgement in the case of S.M and T.A v Minister for Justice  IEHC 611. This case involved a long stay visa application made by the husband of an Irish citizen to join his wife in Ireland. The visa application was refused by the Minister and was also refused on appeal.
On Tuesday the 25th of October 2022, changes to the short-stay visa waiver scheme were agreed at a meeting of the Cabinet following a proposal by the Minister for Justice Helen McEntee. This scheme allows citizens from over 20 countries, who have a valid visa to travel to the UK, to travel to Ireland without having to obtain an additional Irish visa.
The Department of Justice has announced that the next citizenship ceremonies will take place on Monday the 5th of December and Tuesday the 6th of December 2022. The ceremonies are being hosted at the Killarney Convention Centre in Killarney, Co. Kerry.
In a notice posted on the ISD Webpage on 14th October 2022 it was announced that a Review of the Atypical Scheme for non-EEA Crew in the Irish Fishing Fleet has been conducted and published.
The report is a detailed assessment of the Scheme and has taken into account the submissions and views of various stakeholders, including the fishing industry, the relevant state bodies and the permission holders themselves.
Berkeley Solicitors has been informed from a number of clients that are submitting visa applications via VFS centres that their original documents are not being retained for the processing of their applications.
We have recently received confirmation that VFS staff act on behalf of the Department of Justice in accessing original documents for the purposes of visa applications.
We are advised that staff at the VFS centres assess the