Kweder v The Minister for Justice

JurisdictionIreland
CourtHigh Court
JudgeMr. Justice Geoghegan
Judgment Date01 January 1996
Neutral Citation1994 WJSC-HC 3335
Docket NumberNo. 276 JR/1994,[1994 No. 276 J.R.]
Date01 January 1996

1994 WJSC-HC 3335

THE HIGH COURT

No. 276 JR/1994
KWEDER v. MIN JUSTICE
Judicial Review

BETWEEN

WAEL KWEDER
APPLICANT

AND

THE MINISTER FOR JUSTICE, IRELAND AND THE ATTORNEYGENERAL
RESPONDENTS

Citations:

EUROPEAN COMMUNITIES (ALIENS) REGS 1977 SI 393/77

TREATY OF ROME ART 48.3

EEC REG 1612/68

EEC DIR 68/360 ART 10

R V IMMIGRATION APPEAL TRIBUNAL 1992 3 AER 798

VAN DUYN V HOME OFFICE 1974 ECR 1337

BON SIGNORE V STADT KOLN 1975 ECR 297

Synopsis:

ALIENS

State

Entry - Leave - Application - Refusal - Grounds - Validity - Public policy - Applicant Syrian - Deportation from United Kingdom - Applicant married to national of United Kingdom - Applicant's wife resident in Ireland - Whether deportation a ground for such refusal - Whether common travel area between Ireland and United Kingdom threatened by grant of visa - Council Directive 68/360/E.E.C., article 10 - Treaty of Rome (E.E.C.), article 48.3 - (1994/276 JR - Geoghegan J. - 11/10/94) - [1996] 1 IR 381

|Kweder v. Minister for Justice|

WORDS AND PHRASES

"Public policy"

Foreigner - State - Entry - Permission - Refusal - Grounds - Validity - (1994/276 JR - Geoghegan J. - 11/10/94) - [1996] 1 IR 381

|Kweder v. Minister for Justice|

1

Judgment of Mr. Justice Geoghegandelivered the11th day of October 1994.

2

This is an application for Judicial Review brought pursuant to leave granted by Mr. Justice Barr on the 27th June, 1994. The primary relief which the Applicant is seeking is an Order of Certiorari quashing the decision of the Minister for Justice made on the 14th of June, 1994 to refuse the Applicant's application for a visa to enter the State which application had been made on the 13th of May, 1994. The Applicant also seeks a number of associated declarations, if necessary an Order of Certiorari quashing the European Communities (Aliens) Regulations, 1977, an Order of Mandamus directing the Minister to reconsider the Applicant's application for a visa and damages. It has been agreed that the question of damages be left over for the time being.

3

The Applicant is a Syrian National whose wife, Deborah (formerly Deborah Rollings), is a U.K. National and British subject. The Applicant's wife is currently residing andworking in Ireland and the Applicant claims that by virtue of European Community Law he is entitled to reside with his wife in Ireland and that the State is obliged to grant him the necessary visa.

4

The application is grounded upon an Affidavit by Mrs. Deborah Kweder who deposes to the fact that she is a British National and was born in England to English parents. The Affidavit sets out that her relationship with the Applicant commenced in or about September 1991 but at that time she was already married to a third party and was in the process of obtaining a divorce. A decision to marry was made in or about February 1992 but there was considerable delay in finalising the divorce. In January 1993, Mrs. Kweder and the Applicant went through an Islamic ceremony of marriage but on the 5th of July, 1993 very shortly after the divorce was finalised, she and the Applicant went through a civil ceremony of marriage at Huntingdon in England. It is accepted by the State that Deborah Kweder is lawfully married to the Applicant. The Applicant breached certain conditions attached to his student visa in England and following on arrest and protracted Appeal procedures, a U.K. Deportation Order was ultimately made in respect of him in January 1994. He was removed from Britain back to Syria on the 30th of March, 1994. In the meantime, the Applicant had applied to the Irish Embassy for a visa to enable him to enter this State but that had been refused. Mrs. Kweder decided to move to Ireland on the 25th of April, 1994 and on the 27th of April, 1994 she took up employment as a griddle cook with Forte restaurants working in the Little Chef near the Dublin Airport and she has been employed there ever since and isabout to be promoted to a supervisory post. Since coming to Ireland, she has resided with friends in Swords.

5

The Applicant's wife has sworn that the accommodation in Swords would be suitable for herself and her husband and she, in due course, informed her husband of her arrival in Ireland and of the address. He then applied on the 13th of May, 1994 once again for an Irish visa. By a letter of the 14th of June, 1994, Mrs. Kweder was informed that her husband's application had been refused and that this decision had been made by the Department of Justice and not by the Department of Foreign Affairs. Mrs. Kweder and her husband sought expert advice and a Ms. Nuala Mole, director at the Aire centre entered into telephone conversations with the Department and ultimately wrote a letter in which she set out at length why in her view the Department's refusal of the Applicant's application was mistaken. The Department did not alter its position and as a consequence these proceedings were instituted.

6

A replying Affidavit on behalf of the Minister has been sworn by Mary O'Reilly the Assistant Principal Officer in the Department of Justice who dealt with the visa application. It emerges from that Affidavit that the refusal to permit the Applicant to reside in this Country was based on public policy grounds and that two quiet separate alleged public policies were invoked....

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7 cases
  • Lobe v The Minister for Justice, Equality and Law Reform
    • Ireland
    • Supreme Court
    • 23 January 2003
    ...IR 426 DUBLIN CONVENTION (IMPLEMENTATION) ORDER 2000 SI 343/2000 REFUGEE ACT 1996 S22 DUBLIN CONVENTION 1990 ART 8 KWEEDER V MIN JUSTICE 1996 1 IR 381 ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5(3)(A) OSAYANDE & LOBE V MIN JUSTICE UNREP SMYTH 8.4.2002 2002/22/5724 P & L & B V ......
  • Ahsan v Minister for Justice and Equality
    • Ireland
    • High Court
    • 28 October 2016
    ...entry visa requirements pursuant to Protocols 20 and 21 to the TEU and TFEU. In Kweder v. Minister for Justice, Equality and Law Reform [1996] 1 I.R. 381, Geoghegan J. recognised that there is a strong public policy interest in maintaining the Common Travel Area. 114 It is submitted that a......
  • Mahmood v Minister for Justice and Equality
    • Ireland
    • High Court
    • 14 October 2016
    ...that there must be such genuine intention as acknowledged by the Irish courts in Kweder v. Minister for Justice, Equality and Law Reform [1996] 1 IR 381 and the jurisprudence of the ECJ. 43 Insofar as the applicants place reliance on the decision of the ECJ in Akrich as authority for the p......
  • AO and DL v Minister for Justice
    • Ireland
    • Supreme Court
    • 23 January 2003
    ...Illegal Immigrants (Trafficking) Bill, 1999IR [2000] 2 I.R. 360. Kent v. Dulles (1957) 248 F.2d 600. Kweder v. Minister for JusticeIR [1996] 1 I.R. 381. Laurentiu v. Minister for JusticeIRDLRM [1999] 4 I.R. 26; [2000] 1 I.L.R.M. 1. T.M. and A.M. v. An Bord UchtálaDLRM [1993] I.L.R.M. 577. M......
  • Request a trial to view additional results
2 books & journal articles
  • The Common Travel Area between Britain and Ireland
    • United Kingdom
    • The Modern Law Review Nbr. 64-6, November 2001
    • 1 November 2001
    ...cols 764–766 17 June 1999, and of Trade Minister, Tom Kitt, Seanad Debates vol 159 col1666 30 June 1999.92 Kweder vMinister for Justice [1996] 1 IR 381, 387. The report of the case records that an entry visawas subsequently issued to the applicant.The Modern Law Review [Vol. 64868 ßThe Mode......
  • The Common Travel Area between Britain and Ireland
    • United Kingdom
    • The Modern Law Review Nbr. 64-6, November 2001
    • 1 November 2001
    ...cols 764–766 17 June 1999, and of Trade Minister, Tom Kitt, Seanad Debates vol 159 col1666 30 June 1999.92 Kweder vMinister for Justice [1996] 1 IR 381, 387. The report of the case records that an entry visawas subsequently issued to the applicant.The Modern Law Review [Vol. 64868 ßThe Mode......

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