Family Reunification and Marital Status under the Refugee Act 1996
by Michelle Flynn
Question(s) at stake
Whether a marriage lawfully concluded in a foreign country was in fact a proxy marriage, and whether such a marriage could be recognized as valid in Irish law.
Outcome of the ruling
An order of certiorari was granted to quash the refusal of the application made by the first named applicant, as a declared refugee, for his spouse to enter and reside in the State pursuant to s 18 of the Refugee Act 1996.
Country:
Official citation
Hamza and Elkhalifa v Minister for Justice, Equality and Law Reform [2010] IEHC 427
Topic(s)
Keywords:
Conditions of validity Country of origin information Family Reunification Marriage and partnership Proxy marriage
Tag(s):
Recognition of foreign marriages Sharia Sudan Lex loci celebrationis
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Michelle Flynn (Max Planck Institute for Social Anthropology, Department Law and Anthropology, Germany)
Michelle Flynn is a Research Fellow in the Department of Law and Anthropology. Prior to joining the Max Planck Institute in 2018, she gained over twelve years of experience working within domestic and international courts. Flynn has held judicial support roles at national and supranational levels with members of the judiciary of Ireland, the European Court of Human Rights, and the Court of Justice of the European Union. She also has significant practical experience as a barrister and as a Consultant Legal Advisor with Irish Rule of Law International, working on judicial capacity building projects in developing countries. She is also a former academic staff member at the Faculty of Law in KU Leuven, Belgium.
Flynn holds a Bachelor of Laws and a Bachelor of Arts in English Literature and Legal Science from the National University of Ireland, Galway; a Barrister-at-Law Degree from the Honorable Society of King’s Inns, Dublin, Ireland; and an LL.M. in International and European Public Law from KU Leuven, Belgium.
Her current research examines the jurisprudence of the superior courts in Ireland, the United Kingdom and the United States concerning religious prescriptions and religious personal laws. Since January 2019, she has been a Visiting Researcher at Yale Law School, where she is carrying out research concerning the relationship between law and religion in the US.