The Supreme Court has recently delivered a judgement in Jaimee Middelkamp v Minister for Justice and Equality and Irish Human Rights and Equality Commission  IESC 2. The case concerned a Canadian woman who was resident in Ireland pursuant to the Working Holiday Authorisation Scheme, which allows participants between the ages of 18 and 35 to travel to the State to study and work for a limited maximum stay of two years.
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Two recent judgements of the Superior Courts have called into question the legality of all decisions made by the Minister for Justice in retrospectively revoking EU Fam residence cards, immigration permissions, Irish passports and declarations of refugee status.
Ms Justice Phelan of the High Court has delivered judgement in the case of AKS v the Minister for Justice  IEHC 1, which addresses the impact of the Supreme Court judgement U.M ( a minor) v Minister for Foreign Affairs and Trade and Ors  IESC 25.
On the 3rd of January, 2023, the Department of Justice announced that all those currently holding valid Stamp 1 permission to work as a non-EEA crew member in the Irish Fishing Fleet on or after 1st January 2023 will be granted Stamp 4 immigration permission. This permission will be granted on an exceptional basis due to the closure of new applications for the Atypical Working Scheme (AWS) for such non-EEA crew.
Immigration Service Delivery has recently announced an initiative to facilitate non-EEA nationals travelling during the Christmas period. The Registration Office is currently experiencing delays of 5-6 weeks in processing renewals of IRP cards. ISD has stated that after such renewals are completed, it may take a further two weeks to receive a new IRP card in the post. Due to these delays, the Minister is issuing a Travel Confirmation Notice, requesting carriers to allow individuals to travel on their recently expired IRP where a renewal application for their IRP was submitted before the expiry of their current permission.
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.
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.