The Immigration Blog

COURT OF APPEAL: MINISTER ERRED IN ASSESSMENT OF DEPENDENCY AND MEMBERSHIP OF A HOUSEHOLD OF AN EU CITIZEN IN PERMITTED FAMILY MEMBER ASSESSMENTS

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.

THE IRISH TIMES REPORTS ON THE SUPREME COURT REFERENCE TO THE COURT OF JUSTICE OF THE EU

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......

SUPREME COURT UPHOLDS CONSTITUTIONALITY OF PROVISIONS OF THE INTERNATIONAL PROTECTION ACT 2015, LIMITING RIGHTS TO FAMILY REUNIFICATION FOR REFUGEES

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”.

NEW IMMIGRATION SCHEME FOR NON-EEA FAMILY MEMBERS OF BRITISH CITIZENS FOLLOWING END OF BREXIT TRANSITIONAL PERIOD

On 23rd December 2020 the ISD published the Minister’s new scheme in relation to Non-EEA Family Members of UK Citizens intending to reside in the State from 1st January 2021 onwards. The rights of British citizens to reside in Ireland remains unchanged. The rights of family reunification with Non-EEA family members has now changed dramatically.

FURTHER EXTENSION OF IMMIGRATION PERMISSIONS AND CLOSURE OF BURGH QUAY REGISTRATION OFFICE ANNOUNCED

On 22nd December 2020, the Minister for Justice and Equality published a notice announcing a further temporary extension of immigration and international protection permissions. This extension applies to immigration and international protection permissions to reside in the State that are due to expire between 21st January 2021 and 20th April 2021. It applies to all persons........

SUPREME COURT TO MAKE A REFERENCE TO THE CJEU IN SUBHAN AND ALI TEST CASE

On the 21st December 2020, the Supreme Court delivered its judgment in the case of Subhan and Ali v the Minister for Justice and Equality. The applicants, who are clients’ of Berkeley Solicitors, issued proceedings to challenge a refusal of the EU residence card on the basis that the applicant was not a member of the household of the EU citizen. For further details on this case, refer to our previous article below:

NOTICE ON CHANGE OF ADDRESS FOR BERKELEY SOLICITORS

We are delighted to update you that Berkeley Solicitors will soon be moving from our current location at 71 Amiens Street, Dublin 1, to  our new office at Unit 3 Christchurch Hall, High Street, Dublin 8, D08 P403. We will move to our new office on Monday the 14th December 2020. The new office is more spacious, and will be more suitable for us when our new staff join our team in January. It is also more convenient for our regular visits to the Four Courts. To facilitate the move, we will be closing our office for one day on Friday the 11th December 2020. We will not therefore be available to respond to emails and calls on the 11th of December, but business will return to normal in our new office on Monday the 14th December. We apologize for any inconvenience this may cause.

SCHEME TO REGULARISE STATUS OF UNDOCUMENTED MIGRANTS IN IRELAND CURRENTLY UNDER CONSIDERATION

On 6th December 2020, the Irish Times reported that a scheme to give undocumented migrants residency rights in the State is currently under consideration by the Minister for Justice. The government has committed to the introduction of such a scheme within the first 18 months in office.

The Immigration Blog

COURT OF APPEAL: MINISTER ERRED IN ASSESSMENT OF DEPENDENCY AND MEMBERSHIP OF A HOUSEHOLD OF AN EU CITIZEN IN PERMITTED FAMILY MEMBER ASSESSMENTS

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.

THE IRISH TIMES REPORTS ON THE SUPREME COURT REFERENCE TO THE COURT OF JUSTICE OF THE EU

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......

SUPREME COURT UPHOLDS CONSTITUTIONALITY OF PROVISIONS OF THE INTERNATIONAL PROTECTION ACT 2015, LIMITING RIGHTS TO FAMILY REUNIFICATION FOR REFUGEES

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”.

NEW IMMIGRATION SCHEME FOR NON-EEA FAMILY MEMBERS OF BRITISH CITIZENS FOLLOWING END OF BREXIT TRANSITIONAL PERIOD

On 23rd December 2020 the ISD published the Minister’s new scheme in relation to Non-EEA Family Members of UK Citizens intending to reside in the State from 1st January 2021 onwards. The rights of British citizens to reside in Ireland remains unchanged. The rights of family reunification with Non-EEA family members has now changed dramatically.

FURTHER EXTENSION OF IMMIGRATION PERMISSIONS AND CLOSURE OF BURGH QUAY REGISTRATION OFFICE ANNOUNCED

On 22nd December 2020, the Minister for Justice and Equality published a notice announcing a further temporary extension of immigration and international protection permissions. This extension applies to immigration and international protection permissions to reside in the State that are due to expire between 21st January 2021 and 20th April 2021. It applies to all persons........

SUPREME COURT TO MAKE A REFERENCE TO THE CJEU IN SUBHAN AND ALI TEST CASE

On the 21st December 2020, the Supreme Court delivered its judgment in the case of Subhan and Ali v the Minister for Justice and Equality. The applicants, who are clients’ of Berkeley Solicitors, issued proceedings to challenge a refusal of the EU residence card on the basis that the applicant was not a member of the household of the EU citizen. For further details on this case, refer to our previous article below:

NOTICE ON CHANGE OF ADDRESS FOR BERKELEY SOLICITORS

We are delighted to update you that Berkeley Solicitors will soon be moving from our current location at 71 Amiens Street, Dublin 1, to  our new office at Unit 3 Christchurch Hall, High Street, Dublin 8, D08 P403. We will move to our new office on Monday the 14th December 2020. The new office is more spacious, and will be more suitable for us when our new staff join our team in January. It is also more convenient for our regular visits to the Four Courts. To facilitate the move, we will be closing our office for one day on Friday the 11th December 2020. We will not therefore be available to respond to emails and calls on the 11th of December, but business will return to normal in our new office on Monday the 14th December. We apologize for any inconvenience this may cause.

SCHEME TO REGULARISE STATUS OF UNDOCUMENTED MIGRANTS IN IRELAND CURRENTLY UNDER CONSIDERATION

On 6th December 2020, the Irish Times reported that a scheme to give undocumented migrants residency rights in the State is currently under consideration by the Minister for Justice. The government has committed to the introduction of such a scheme within the first 18 months in office.