High Court suspends unconstitutionality of law over 'post-flight marriages' for three months

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 a section of the International Protection Act 2015 relating to this was repugnant to the Constitution in relation to an Afghan refugee in relation to his case which was taken over what are referred to as "post-flight" (from country of origin) marriages.

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.

Yesterday, 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 a suspension rather than a stay and it should only be for three months.

Mr Justice Barrett said he would suspend it for three months.