I.T. v The Minister for Justice (Approved) [2024] IECA 89 (22 April 2024)

I.T. v The Minister for Justice (Approved) [2024] IECA 89 (22 April 2024)

The Court of Appeal determined that authoritative interpretation of Directive 2004/38/EC and related EU law principles is required for the three central issues; accordingly, three questions are referred to the CJEU for preliminary ruling under Art. 267 TFEU.

Citation
[2024] IECA 89
Parties
Applicant/respondent: I. T.; Respondent/appellant: The Minister for Justice
Jurisdiction
Ireland
Judgment Date
22 April 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment; Reference to CJEU
Outcome
Reference to the Court of Justice of the European Union for preliminary ruling; appeal adjourned for mention.
Legal Topics
Retention of Residence Card, EU Treaty Rights, Directive 2004/38/ec, Disclosure of Documents, Judicial Review, Involuntary Unemployment
Immigration Law European Union Law Administrative Law Retention of Residence Card EU Treaty Rights Directive 2004/38/ec Disclosure of Documents Judicial Review +1 more

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Parties

I. T.

Applicant/respondent

The Minister for Justice

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment; Reference to CJEU

Legal Issues

  1. 1 Whether the Minister unlawfully disregarded or gave insufficient consideration to the DEASP decision
  2. 2 Whether the Minister erred in requiring one year's employment prior to unemployment under Art. 7(3)(b) of Directive 2004/38/EC and Regulation 6(3)(c)(ii)
  3. 3 Whether the Minister correctly assessed the consequences of alleged failure to disclose documentation regarding the EU citizen's employment record

Ratio Decidendi

The Court of Appeal determined that authoritative interpretation of Directive 2004/38/EC and related EU law principles is required for the three central issues; accordingly, three questions are referred to the CJEU for preliminary ruling under Art. 267 TFEU.

Court Disposition

Reference to the Court of Justice of the European Union for preliminary ruling; appeal adjourned for mention.

Orders

  • Three questions referred to the CJEU as set out in paragraph 47 of the judgment.
  • Appeal to be mentioned on 9 May 2024 for any matters arising, including costs.