Minister correct to refuse to extend Canadian woman’s visa, Supreme Court rules

The Oireachtas has not and, absent a constitutional referendum, could not “have accorded the ECHR the same status as the Constitution within our legal system”, he said.

She worked as a legal secretary, eventually qualifying as a solicitor. Before her two-year visa was up she applied to have it extended as her husband would be here for another two years to finish his course. In July 2021, the High Court’s Mr Justice Max Barrett quashed the decision and ordered that her application should receive fresh consideration. He also refused to grant the Minister leave to appeal his decision.

On Wednesday, the Supreme Court ruled the Minister’s decision did engage Ms Middelkamp’s ECHR right to family life as the practical effect of the decision was to oblige her to separate from her husband for two years.

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