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Case Law [2023] IECA 74 (31/03/2023)

Type: Judgment

Authority: National Courts Court of Appeal (Ireland)

Date: 03/31/2023

Subject: The decision of the Court of Appeal, on the interpretation of dependent family member, pursuant to Directive 2004/38/EC in order to grant a residence permit, and on the violation of the right to the reasonable length of the proceeding, also in the light of article 41 of the EU Charter of Fundamental Rights

Parties: RAYMOND HOLLAND APPLICANT/ APPELLANT - AND – THE MINISTER FOR JUSTICE AND EQUALITY RESPONDENT JUDGMENT of Mr. Justice Binchy delivered on the 31st day of March 2023 1. This is an appeal from a judgment of the High Court (Barrett J.) in two separate but closely related proceedings bearing High Court record numbers 2018/1023JR (the “2018 Proceedings”) and 2019/312JR. In the 2018 Proceedings, the appellant sought an order of mandamus compelling the respondent to determine the appellant’s application for a review of a decision of the respondent of 30th March 2017 (the “First Decision”), whereby the respondent declined to issue a residence card to the appellant’s stepdaughter, and also a declaration that the failure to determine the review application within a reasonable period of time was in breach of the appellant’s right to an effective remedy and/or good administration as provided by EU law. NO REDACTION NEEDED

Original language: Irish

Classification: Citizens’ rights - Art. 41 Right to good administration by the bodies of the union - Art. 45 Freedom of movement - Freedom of residence - Justice - Art. 47 Right to an effective remedy before a tribunal

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