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FAQs on the Luximon and Balchand Cases

Frequently Asked Questions on the Luximon and Balchand Cases

  1. What are the Luximon and Balchand cases?
  2. What did the Judge say?
  3. Why does this judgment matter?
  4. What happens next?
  5. I am undocumented in Ireland. What does this mean for me?
  6. I am documented in Ireland. What does this mean for me?
  7. I have a Section 3/Leave to Remain application currently with the Department of Justice, does this judgment affect me?
  8. How do I stay up to date with any new developments or news?

 

  1. What are the Luximon and Balchand cases?

These are cases taken by two separate families in which the parents were international student visa holders who arrived in Ireland in 2006. The parents renewed their visas every year until 2011, when the government changed the policy for international students. This change meant that students would only be allowed to stay for a maximum of 7 years in Ireland. As a result, the parents were unable to renew their student visas. In order to stay in the country they applied to the Department of Justice for a Change of Status to a stamp 4 permission. Their applications were unsuccessful and the Minister for Justice ordered them to leave the State. The families got legal advice and took a case against the Minister arguing that their family and private rights were not considered in their applications.

The case went to court and the Supreme Court gave its final decision in April 2018.

  1. What did the Judge say?

The Judge made a decision that, in these particular cases, the Minister for Justice should have considered the families’ rights to private and family life here in Ireland. It is worth noting that the Judge emphasised that the families in question had entered Ireland “lawfully” (with a visa), were living here for a very long time and had met all the conditions of their visas until 2011, when the Minister decided to change the student policy.

  1. Why does this judgment matter?

This judgment matters as, from now on, the Minister must consider a person’s right to family and private life in Ireland when an application for a Change of Status is made. This is good news BUT it does not guarantee anyone a positive result. Consideration of the right to family and private life is only one part of the application. There are many factors which the Minister will take into account.

Also, what is considered family and private life will be different for each person.

  1. What happens next?

The Attorney General (the Government’s lawyer) will now study this judgment and advise the Minister for Justice on what changes must be made to the Change of Status application process.

We do not know how long this will take, or what the Minister will do, but we are listening and watching closely.

  1. I am undocumented in Ireland. What does this mean for me?

No one knows the answer to this question yet. If and when anything changes, we will let you know IMMEDIATELY.

For now it is only possible to make a new Change of Status application when you are already documented. For those who are undocumented but who have already submitted a Change of Status application, we will have to wait and see how the Minister will deal with your case in light of the new judgment.

  1. I am documented in Ireland. What does this mean for  me?

If you make a Change of Status application in the future, the Minister for Justice will now have to consider your family and private life in Ireland before he makes his decision. However, even if you have family or strong ties in Ireland it does not guarantee you a successful result. Family and private rights are only one part of the application.

  1. I have a Section 3/Leave to Remain application currently with the Department of Justice, does this judgment affect me?

You should seek information and advice from your solicitor or legal representative. If you do not have one, you may contact MRCI or visit our Drop-In Centre. Our advice is always free and always confidential.

  1. How do I stay up to date with any new developments or news?

You can email or phone MRCI with your contact details and we will add you to our mailing list!

Our phone is 01 889 7570
Our email is info@mrci.ie

 

Disclaimer: These materials have been prepared by the Migrant Rights Centre Ireland (MRCI) for information purposes only with no guarantee as to accuracy or applicability to a particular set of circumstances. The materials are not intended and should not be considered to be legal advice. The information given may change from time to time and may be out of date. The Migrant Rights Centre Ireland disclaims any legal responsibility for the content or the accuracy of the information provided.

 

Luximon and Balchand Supreme Court Cases FAQS