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Court of Appeal examines whether the Minister for Justice had the authority to determine if a naturalised Irish citizen had previously entered into a marriage of convenience to gain residence rights, despite the individual's current status as an Irish citizen, where the High Court had affirmed the Minister's power; and the Court determines that a question should be referred to the Court of Justice of the European Union on the scope of the applicable Directive.
Naturalised Irish citizen - marriage of convenience - residence rights - European Communities (Free Movement of Persons) Regulations 2015 - Directive 2004/38/EC - Minister's authority - retrospective investigation - Court of Appeal - High Court - abuse of rights - fraud - citizenship - judicial review - procedural safeguards - EU Treaty Rights Investigation Unit - revocation of residence card - naturalisation - CJEU referral.
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.
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