Courts / Ireland / Report

Indian woman who married because she need a visa fails in residency appeal

Summary

The Court of Appeal upheld the Minister for Justice's refusal to allow an Indian woman, who married an EU national in 2012, to remain in Ireland. The Court found the Minister's decision lawful, noting that in a 2018 interview the woman admitted the couple had never lived together and had married because she needed a visa. She also said the man's girlfriend became pregnant while they were married. The lawyers later denied that the marriage was solely for a visa, citing family disapproval and the man's infidelity, which led to a child in 2013. The couple had sought to renew the woman's residence card in 2017, but the Minister refused in 2018. The High Court dismissed the appeal in 2022, and the Court of Appeal rejected the appeal in 2023, finding no error of law and confirming the Minister's decision. The woman was not entitled to an oral hearing before the refusal.

Who, what, where, when and why

What: Report matter: Indian woman who married because she need a visa fails in residency appeal. Procedural stage: appeal

When:

• July 2018 Hearing Or Sentence
• February 2012 Other
• 2023-12-13 Publication

Why: The CoA, in finding the Minister's decision was lawful, said in its judgement that the woman told members of the Garda National Immigration Bureau in a 2018 interview that the pair had never lived together, were friends and they had married because "she needed a visa". CNI source report

Case subjects

Places mentioned

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Stage Appeal

Read the original CNI report