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Metock Case
''Metock v Minister for Justice, Equality and Law Reform'' (2008) C-127/08 is a European Union law case, significant in Ireland and Denmark, on the Citizens Rights Directive and family unification rules for migrant citizens. Citizenship of the European Union was established by Article 20 of the Treaty on the functioning of the European Union (TFEU) and the Citizenship Directive 2004/38 elaborates the right of Union citizens and their family members to move and reside freely in the territory of a member state, consolidating previous Directives dealing with the right to move and reside within the European Community (EC). It is a logical consequence of the right to free movement that migrant citizens can move their family from one member state to another. Not to allow this would deter them from moving and thus impede their right to free movement. But it is not immediately clear that migrant citizens should have the right to bring their family into a member state when the family ...
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Directive 2004/38/EC On The Right To Move And Reside Freely
The Citizens’ Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on free movement with the EU. It consolidated older regulations and directives, and extended the rights of unmarried couples. It gives EEA citizens the right of free movement and residence across the European Economic Area, as long as they are not an undue burden on the country of residence and have comprehensive health insurance. This right also extends to close family members that are not EEA citizens. After five years, the right of residence becomes permanent, which means it does not depend on any precondi ...
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Third Country National
Third country national (TCN) is a term often used in the context of migration, referring to individuals who are in transit and/or applying for visas in countries that are not their country of origin (i.e. country of transit), in order to go to a destination country that is likewise not their country of origin. In the European Union, the term is often used, together with "foreign national" and "non-EU foreign national", to refer to individuals who are neither from the EU country in which they are currently living or staying, nor from other member states of the European Union. In terms of employment, the term is often used to designate "an employee working temporarily in an assignment country, who is neither a national of the assignment country nor of the country in which the corporate headquarters is located." In the US, it is often used to describe individuals of other nationalities hired by a government or government sanctioned contractor who represent neither the contracting go ...
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Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea to the south in the Atlantic Ocean. It covers an area of , and with a population of over 225 million, it is the most populous country in Africa, and the world's sixth-most populous country. Nigeria borders Niger in the north, Chad in the northeast, Cameroon in the east, and Benin in the west. Nigeria is a federal republic comprising of 36 states and the Federal Capital Territory, where the capital, Abuja, is located. The largest city in Nigeria is Lagos, one of the largest metropolitan areas in the world and the second-largest in Africa. Nigeria has been home to several indigenous pre-colonial states and kingdoms since the second millennium BC, with the Nok civilization in the 15th century BC, marking the first ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Article 8 Of The European Convention On Human Rights
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Right Article 8 is considered to be one of the convention's most open-ended provisions. Family life In ''X, Y, and Z v. UK'', the Court recalls that "the notion of 'family life' in Article 8 is not confined solely to families based on marriage and may encompass other de facto relationships. When deciding whether a relationship can be said to amount to 'family life', a number of factors may be relevant, including whether the couples live together, the length of their relationship and whether they have demonstr ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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Minister For Justice (Ireland)
The Minister for Justice ( ga, An tAire Dlí agus Cirt) is a senior minister in the Government of Ireland and leads the Department of Justice. The Minister for Justice has overall responsibility for law and order in Ireland. The current Minister for Justice is Simon Harris, TD. He is holding this position in a temporary capacity during the maternity leave of Helen McEntee, TD, who continues as a minister without portfolio. Harris is assisted by a Minister of State: * James Browne, Minister of State at the Department of Justice with responsibility for Law Reform, Civil Justice and Immigration. History From 1919 until 1924 the position was known as the Minister for Home Affairs. In 1997, the functions of the Minister for Equality and Law Reform were transferred to this Minister, and it was renamed as the Minister for Justice, Equality and Law Reform, a title which it retained until 2010. The minister held the title of Minister for Justice and Equality from 2011 to 2020. As of ...
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Stamp 4
Stamp 4 refers to the stamp number, or immigration status, given to an individual with permission to reside in Ireland. It is issued to people on work visas/work authorisations, to the spouse of an Irish citizen, to the spouse of an EU citizen (Stamp 4 EUFam), to refugees, to people with Irish Born Child residency and those with long-term residency status. Once a person has been granted Stamp 4 status by the Irish Department of Justice, he or she is to report to their local Garda National Immigration Bureau in order to receive the physical card, or "Certificate of Registration". The card shows the holder's Stamp 4 status, as well as their photograph and other personal details. Entitlements A holder of Stamp 4 status is entitled to work in Ireland without a work permit, establish and run a business, and access state funds and services. The status is valid for a given period of time and is renewable; if it or other qualifying statuses are held for over 8 years, the holder may app ...
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British Nationality Law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement (usually five years) and acquiring Indefinite leave to remain, settled status. British nationals associated with a current British Overseas Territories, British Overseas Territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an ...
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Right Of Asylum
The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another entity which in medieval times could offer sanctuary. This right was recognized by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners. The Egyptians, Greeks and Hebrews recognized a religious "right of asylum", protecting people (including those accused of crime) from severe punishments. This principle was later adopted by the established Christian church, and various rules were developed that detailed how to qualify for protection and what degree of protection one would receive. The Council of Orleans decided in 511, in the presence of Clo ...
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Cameroon
Cameroon (; french: Cameroun, ff, Kamerun), officially the Republic of Cameroon (french: République du Cameroun, links=no), is a country in west-central Africa. It is bordered by Nigeria to the west and north; Chad to the northeast; the Central African Republic to the east; and Equatorial Guinea, Gabon and the Republic of the Congo to the south. Its coastline lies on the Bight of Biafra, part of the Gulf of Guinea and the Atlantic Ocean. Due to its strategic position at the crossroads between West Africa and Central Africa, it has been categorized as being in both camps. Its nearly 27 million people speak 250 native languages. Early inhabitants of the territory included the Sao civilisation around Lake Chad, and the Baka hunter-gatherers in the southeastern rainforest. Portuguese explorers reached the coast in the 15th century and named the area ''Rio dos Camarões'' (''Shrimp River''), which became ''Cameroon'' in English. Fulani soldiers founded the Adamawa Emirate ...
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