Solovastru v. Minister for Social Protection [2011] IEHC 532 (High Court, Dunne J, 9 June 2012)
High Court refuses judicial review of decisions to refuse social welfare payments, on grounds that self-employed Romanian national was no longer entitled to reside in the state.
Judicial review - refusals of jobseekers allowance, supplementary welfare allowance, rent supplement and child benefit - delay in seeking judicial review - incorrect date given in relation to one decision - whether application made promptly - whether extension of time to be given - applications for certiorari and declarations - Romanian citizen without work permit for twelve consecutive months - Section 246 of the Social Welfare Consolidation Act 2005 - s. 15 of the Social Welfare and Pensions (No. 2) Act 2009 - Council Directive 75/34 EEC - distinction between persons in employment and self-employed people - restrictions on right to reside in other EU state - applicant not entitled to reside in Ireland.Full Text on Court Services Website>
Key Cases Cited
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Allonby v. Accrington and Rossendale College [2004] I.C.R. 1328 (ECJ)
Dekra Éireann v. Minister for the Environment [2003] 2 I.L.R.M. 2010
I B. v. Minister for Justice, Equality and Law Reform, Ireland and the Attorney General (Unreported, High Court, 15th October, 2009, Cooke J.)
De Roiste v Minister for Defence [2001] 1 I.R. 190
R. (Tilianu) v. Secretary of State for Work and Pensions [2010] E.W.C.A. Civ. 1397
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