The Court of Appeal has decided to refer a question to the CJEU in the case of R.S v Minister for Justice [2024] IECA 151, delivered on 21st June 2024.
The question relates to whether the Minister can make a decision/finding pursuant to the 2015 Regulations in relation to marriage of convenience/ fraud after the individual has become an Irish citizen through naturalisation.
The facts of this case surrounded an applicant who obtained an EU Fam residence card based on his marriage to an EU national in 2010 and he later naturalised as an Irish citizen. The applicant later separated and divorced from his EU National spouse.