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Marriage of convenience determination upheld
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The High Court upholds the Minister for Justice's decision that an individual had entered into a marriage of convenience, affirming that the individual was not entitled to derive residence rights from the marriage. The court found that the applicant was afforded due process and fair procedures, and the Minister's decision was not based on peripheral matters but on a range of material factors. The Minister had jurisdiction to make the decision, which was not applied retrospectively, thus not affecting the individual's current permission to remain in the State or the rights of their children.
marriage of convenience, residence rights, due process, fair procedures, jurisdiction, Minister's decision, derived rights, EU Treaty Rights, immigration status, Regulation 28(5)(b), Directive 38/2004/EC, undocumented migrant registration scheme, proportionality, retrospective application, High Court, judicial review.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
