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Ireland / High Court / [2012] IESC 193

Nabeel Gilani and Zoya Gilani (a minor) v Minister for Justice and Equality

Policy area:
Asylum and migration
Deciding Body type:
National Court/Tribunal
Deciding Body:
High Court
Type:
Decision
Decision date:
14/05/2012

Facts of the case:

The first applicant was a Pakistani national and the father of the second applicant, who was an Irish citizen. The first applicant applied for permission to reside in the State on the basis of his parentage of an Irish citizen child, relying on the decision of the CJEU in Case C34/09 Ruiz Zambrano. Following the refusal of such application, the applicant applied for judicial review to seek to compel the Minister for Justice to issue a decision on his application for residence in the State.

Outcome of the case:

The High Court refused the application for leave to apply for judicial review. In fact, at the time when the application was refused, the first applicant already had a permission to reside in Ireland. Furthermore, a third country family member can obtain permit to reside and work in a Member State only if the removal of the third country national will necessarily lead to the departure of the Union citizen child from the terriory of the Union due to the fact that he or she cannot remain in the Union without the support of that parent. Since there is no evidence that the Union citizen child had the type of level of dependence envisaged, the application for leave to apply for judicial review has been refused by the Court.