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The Court of Appeal has set aside a High Court judgment, granting the appeal of a non-EU national whose application for a residence card was refused. The original application was based on the individual's marriage to an EU national who was initially claimed to be employed in Ireland. However, upon review, the application shifted to assert that the EU national spouse had sufficient resources to reside in the State. The Court found that the Minister failed to adequately consider this claim, specifically whether the EU national spouse possessed sufficient resources as provided for in EU law. Consequently, the Court ordered the quashing of the Minister's decision and indicated a potential remittal back to the Minister for reconsideration.
Court of Appeal, residence card, EU Treaty rights, European Communities (Free Movement of Persons) Regulations 2015, S.I. No. 548 of 2015, sufficient resources, involuntary unemployment, non-EU national, EU national spouse, abuse of rights, certiorari, Directive 2004/38/EC, social assistance system, comprehensive sickness insurance, derived right of residence, High Court, judicial review, remittal.
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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