The Irish Court of Appeal has decided to refer the Irish visa delay case to the CJEU.
Mahmood & anor -v- Minister for Justice, Equality and Law Reform
The case was won at the High Court, and the Minister decided to challenge these cases at the Court of Appeal.
At the Court of Appeal, the minister advanced argument about security checks and fear that if people from Iraq, Pakistan and Afghanistan are not properly checked, we may have a Suicide Attack in Ireland.
I am very bewildered as to how the minister in good conscience will say such a thing, and put so much fear in the minds of judges.
Furthermore, such a comment is wholly unbecoming of a Minister in such capacity.
The Court of Appeal expressed deep reservation in relation to the delays, but in light of the Security point raised by the minister, and the so called security checks he claimed to be undertaking, the court decided it will be approriate to make reference.
The COurt correctly rejected the Surinder Singh argument, relying on Akrich, however the court was not sure about the security aspect advanced, and therefore decided to refer the case to the CJEU.
It is hoped that the matter will be accelerated, and that family member will be allowed to live with their loved ones in the state soon.
Judge not, and you will not be judged.