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Chinese national not entitled to long term residence where she entered the State on short term visa

By: James Cross BL

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High Court refuses judicial review of decision refusing a Chinese national a long stay visa, on the grounds that she entered the State on a short stay visa, and this type of visa is not a route to long term residence.

Judicial review – asylum and immigration – Chinese national overstayed on 90 day visa - applied, by reference to s.4(7) of the Immigration Act 2004, to stay in Ireland on a long-term basis – application refused and judicial review of that decision issued – visa received not a route to long-term residence - did not seek a visa that would facilitate a long stay - application that is not contemplated by the statutory provision pursuant to which she purports to make it - has not suffered any loss/damage – judicial review refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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