Pervaiz v Minister for Justice & Equality & ors (Approved) [2020] IESC 27 (02 June 2020)

Pervaiz v Minister for Justice & Equality & ors (Approved) [2020] IESC 27 (02 June 2020)

The 2015 Regulations correctly transpose Directive 2004/38/EC by using its language and providing a mechanism for extensive examination of personal circumstances. The applicant has standing to challenge the Minister's decision. The Regulations are sufficiently clear and accessible, and Irish law provides an effective remedy as required by EU law.

Citation
[2020] IESC 27
Parties
Applicant/respondent: Muhammad Uzair Pervaiz; Respondent/appellant: Minister for Justice and Equality; Respondent/appellant: Ireland; Respondent/appellant: Attorney General
Jurisdiction
Ireland
Judgment Date
02 June 2020
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed; High Court order of certiorari set aside.
Legal Topics
Directive 2004/38/ec, Free Movement of Persons, Transposition of EU Directives, Judicial Review, Standing, Durable Relationship, Permitted Family Member
European Union Law Immigration Law Administrative Law Directive 2004/38/ec Free Movement of Persons Transposition of EU Directives Judicial Review Standing +2 more

Case Brief

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Parties

Muhammad Uzair Pervaiz

Applicant/respondent

Minister for Justice and Equality

Respondent/appellant

Ireland

Respondent/appellant

Attorney General

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the 2015 Regulations correctly transpose Directive 2004/38/EC regarding permitted family members
  2. 2 Whether the applicant has standing to challenge the Minister's decision
  3. 3 Whether the Regulations lack clarity and accessibility

Ratio Decidendi

The 2015 Regulations correctly transpose Directive 2004/38/EC by using its language and providing a mechanism for extensive examination of personal circumstances. The applicant has standing to challenge the Minister's decision. The Regulations are sufficiently clear and accessible, and Irish law provides an effective remedy as required by EU law.

Court Disposition

Appeal allowed; High Court order of certiorari set aside.

Orders

  • The 2015 Regulations are valid and correctly transpose Directive 2004/38/EC.
  • Applicant has standing to challenge refusal decisions under the Regulations.