Entries by berkeleysolicitors

IMPORTANT JUDGEMENT RELATING TO PERMITTED FAMILY MEMBERS IN EU TREATY RIGHTS APPLICATIONS: AF AND AF V THE MINISTER FOR JUSTICE AND EQUALITY

Mr Justice Barrett delivered an important judgement on the 26th September 2019 in relation to permitted family members in EU Treaty Rights applications. We believe that this judgment will have an extremely positive impact on permitted family members for such applications. The High Court found that the Minister’s refusal of the application for an EU residence card for a dependent brother was unreasonable and to some extent irrational, and therefore quashed the Minister’s decision.

BRITISH CITIZENS AND THEIR FAMILY MEMBERS IN IRELAND- THE RIGHT TO RESIDE IN THE EVENT OF A NO-DEAL BREXIT

As previously highlighted on our blog, the family members of British citizens resident in Ireland on the basis of EU FAM Residence Cards have received recent correspondence outlining “transitional arrangements” will be put in place in the event of a no- deal Brexit. Further information and clarification has been outlined on The European Commission’s website.

NEW ONLINE IMMIGRATION RENEWAL SYSTEM FOR DUBLIN-BASED STUDENTS

In order to support the increasing number of non-EEA students, a new online renewal immigration registration system has been established.
Starting 26th August 2019, Dublin-based students from outside of Europe will be able to renew their immigration registration online without any additional fees. Nearly 8,000 students are expected to use the new online renewal system in the coming months.

IMPORTANT JUDGMENT ON DEPENDENCY EU TREATY RIGHTS CASES – THE KUHN AND KHAN CASES

The Court of Appeal has issued a highly important and long-awaited decision on the matter of dependency in favour of the Applicants in the cases of Khan and ors. v the Minister for Justice and Equality and K and ors. V the Minister for Justice and Law Reform and the Minister for Foreign Affairs. The decision is very significant for family members of EU citizens who have applications, or who have previously been refused applications, for visas or residence cards based on the fact that they are dependent on an EU citizen family member.

UPDATE ON VISA DELAYS – ATIF AND MAHMOOD CASE

In Atif and Mahmood, the High Court in Ireland ruled in favour of the applicants indicating that any delay over six months in processing visa applications was too long. However, the Minister appealed this decision to the Court of Appeals in Ireland. In order to make a decision in this matter, the Court of Appeals referred to the European Court of Justice (ECJ) for guidance.