MB’s Application
| Jurisdiction | Northern Ireland |
| Judge | Maguire J |
| Judgment Date | 08 July 2016 |
| Neutral Citation | [2016] NIQB 75 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 08 July 2016 |
1
Neutral Citation: [2016] NIQB 75 Ref:
MAG10028
Judgment: approved by the Court for handing down Delivered:
8/7/2016
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
MB’s Application (Judicial Review) [2016] NIQB 75
IN THE MATTER OF AN APPLICATION BY MB
FOR JUDICIAL REVIEW
________
MAGUIRE J
Introduction
[1] The applicant in this case is MB. He is a man aged 43. He is a national of the
Czech Republic (“CR”). He left the CR and came to live in the Republic of Ireland
(“ROI”) in 2004. While living there he entered into a relationship with another Czech
national, ES. They have had four children together: three were born in the ROI and
one in Northern Ireland.
[2] The children are:
(i) M born on 1 August 2006 in ROI. He is now aged 9.
(ii) W born on 20 September 2007 in ROI. He is now aged 8.
(iii) O born on 12 January 2012 in ROI. He is now aged 4.
(iv) J born on 12 March 2015 in Northern Ireland. He is now aged 1.
None of the children, it is claimed, has ever been to the CR. They speak English
though they (where age appropriate) also speak Czech.
[3] The progress of the family has been that they initially lived in Tralee for 4
years but they moved then to Drogheda before, more recently, moving to live in
Enniskillen in Northern Ireland.
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2 cases
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Ahmed Fathe Ayache v Secretary of State for the Home Department
...rights? 27 The applicant relies on three additional authorities: R(X) v SSHD [2016] EWHC 1997 (Admin), MB's Application (Judicial Review) [2016] NIQB 75 and R (Masalskas) v SSHD IRJ [2015] UKUT 677 (IAC). In Masalskas the Upper Tribunal specifically considered whether it should take the cou......
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Upper Tribunal (Immigration and asylum chamber), 2017-03-08, [2017] UKUT 122 (IAC) (R (on the application of Ayache) v The Secretary of State for the Home Department (paragraph 353 and s94B relationship))
...rights? The applicant relies on three additional authorities: R(X)v SSHD [2016] EWHC 1997 (Admin), MB’s Application (Judicial Review) [2016] NIQB 75 and R (Masalskas) v SSHD IRJ [2015] UKUT 677 (IAC). In Masalskas the Upper Tribunal specifically considered whether it should take the course ......