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Judgement was delivered by Mr Justice Max Barrett in the matter of Shakeel Ahmed Dar and the Minister for Justice and Equality, on the 19th January 2021. The issue put to the Court for consideration being did the respondent err in law and/or act in breach of European Union law in applying the incorrect test for establishing Mrs Kauser’s dependency on her EU Citizen son.
Brexit has not affected a UK national’s right to reside or work in Ireland as UK nationals continue to reside lawfully in the State under Common Travel Area protections.
The Withdrawal Agreement also ensures that UK nationals, and their non-EEA Family members, who are resident in Ireland pursuant to the Free Movement Regulations under EU law, as of the 31st December 2020, will continue to hold the same right to reside and work deriving from the Regulations going forward……..
On 29th January 2021, a notice was posted on the Department of Justice website noting that the Minister for Justice had imposed several new measures with regard to travel to the State. The notice states that from the 29th January 2021 the Department is temporarily ceasing the acceptance of new visa/preclearance applications. This notice states that any applications made online will remain valid but a decision will not be made on these applications until such time as restrictions have been lifted.
A notice has been posted on the webpage of the Department of Foreign Affairs, Embassy of Ireland, South Africa stating that from 28 January 2021 South African passport holders will not be permitted to enter Ireland unless they are in possession of a visa/transit visa (as appropriate), regardless of where they reside or the purpose of their travel to Ireland.
An article in the Sunday Times, dated 17th January 2021 states that as of the 31st December 2020, more than 6,000 people had been waiting for over two years for their certificate of naturalisation in the State. This article states that many of the applicants awaiting a determination are healthcare workers, whose careers have been affected by the inordinate delay by the Department of Justice.
On 15th January 2021, the Department of Justice published an updated notice regarding the submission of certain immigration applications during Covid-19 restrictions. The notice confirms that as a temporary measure between Monday 18th January 2021 and Friday 30th April 2021, both EU Treaty Rights and Domestic Residence applications can be submitted by email with copies of supporting documentation.
On 18th January 2021, the Minister for Justice Helen McEntee announced a new temporary process for the granting of citizenship during Covid-19 restrictions. In normal circumstances, successful applicants are required to attend a citizenship ceremony in order to obtain a certificate of nationality. However, citizenship ceremonies have been suspended since March 2020 due to the Covid-19 pandemic.
On the 8th January 2021, the Court of Appeal delivered its judgment in the matter of Shishu & Anor -v- Minister for Justice and Equality. The decision of Mr Justice Barrett of the High Court was upheld, in finding against the Minister in her determination of Mr Shishu’s application for his brother’s residence in the State on the basis of dependency and membership of an EU citizen’s household, where the EU citizen is validly exercising EU Treaty Rights in the State.
In an article of the 21st December 2020, the Irish Times reported on an important decision of the Supreme Court in the Subhan and Ali case, in which our office is acting as the solicitors for the appellants……
On the 8th of December 2020, the Supreme Court gave Judgements in the cases “A -v- The Minister for Justice and Equality (MJE) & Ors”, “S and S -v- MJE & Ors,” and thirdly “I.I (Nigeria) -v- MJE & Ors”.