M. -v- F. [2011] IEHC 415 (27 May 2011)

M. -v- F. [2011] IEHC 415 (27 May 2011)

A marriage contracted in Zimbabwe according to local law and between parties domiciled there, which is de facto monogamous, must be recognised for the purposes of family reunification under Irish law, applying private international law principles. The Minister cannot require a declaration under s. 29 of the Family Law Act 1995 as a precondition for family reunification. The refusal to recognise the marriage solely because it is potentially polygamous is incorrect.

Citation
[2011] IEHC 415
Parties
Applicant: D. M.; Respondent: C. F.; Notice Party/appellant: The Attorney General
Jurisdiction
Ireland
Judgment Date
27 May 2011
Procedural Posture
Appeal From the Circuit Family Court / High Court Judgment on Appeal
Outcome
Appeal refused; Circuit Court declaration upheld.
Legal Topics
Recognition of Foreign Marriages, Family Reunification, Customary Marriages, Polygamy and Public Policy, Refugee Rights
Family Law Private International Law Immigration Law Recognition of Foreign Marriages Family Reunification Customary Marriages Polygamy and Public Policy Refugee Rights

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Parties

D. M.

Applicant

C. F.

Respondent

The Attorney General

Notice Party/appellant

Procedural Posture

Appeal From the Circuit Family Court / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether a customary marriage contracted in Zimbabwe, potentially polygamous but de facto monogamous, is valid and entitled to recognition for family reunification under Irish law
  2. 2 Whether the Minister for Justice can require a declaration under s. 29 of the Family Law Act 1995 as a precondition for family reunification
  3. 3 Whether Irish public policy prohibits recognition of such marriages for the limited purpose of family reunification

Ratio Decidendi

A marriage contracted in Zimbabwe according to local law and between parties domiciled there, which is de facto monogamous, must be recognised for the purposes of family reunification under Irish law, applying private international law principles. The Minister cannot require a declaration under s. 29 of the Family Law Act 1995 as a precondition for family reunification. The refusal to recognise the marriage solely because it is potentially polygamous is incorrect.

Court Disposition

Appeal refused; Circuit Court declaration upheld.

Orders

  • Declaration that the applicant's marriage to the respondent in Zimbabwe on 25th April, 1998, was and is a valid marriage for the purposes of family reunification.