In a unanimous ruling on Tuesday, the five judge court found that the Minister for Justice, before deciding ‘change of status’ applications by two applicants from outside the EEA who came here on student visas, must consider their rights to private and family life under Article 8 of the European Convention on Human Rights.

Mr Justice John MacMenamin stressed the court’s judgement was based on the facts of the two appeals and requires only that “consideration” be given by the Minister to their Article 8 rights.

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Article by Mary Carolan