The High Court has suspended for three months its declaration of unconstitutionality of a law preventing the recognition, for family reunification purposes, of marriages of refugees which took place after they sought protection here.
Earlier this month, Mr Justice Max Barrett found the relevant section of the International Protection Act 2015 repugnant to the Constitution.
That finding was made in proceedings by an Afghan refugee taken over what are referred to as “post-flight” marriages (after the refugee has fled their country of origin).
Family reunification
The judge said the man is entitled to an order quashing the Minister for Justice’s refusal to recognise his marriage for family reunification purposes. On Monday, he formally granted the order.
Counsel for the Minister for Justice and Equality asked for a stay on the order pending an appeal but the Afghan man’s counsel said there should be an suspension rather than a stay and that should only be for three months.
Mr Justice Barrett said he would suspend it for three months.