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Discuss the reasons why the judges agreed that the minister’s decision had been unlawful (or based on an error of law).

Write an essay that addresses each of the following matters as it relates to the decision of the Irish Supreme Court in Gorry v Minister for Justice [2020] IESC 55

– the reasons why the judges agreed that the minister’s decision had been unlawful (or based on an error of law).

– McKechnie J’s reasoning around the question of whether a ‘right to cohabit’ was protected by Art 41

– O’Donnell J’s reasoning around a) the specific question of whether a ‘right to cohabit’ is protected under Art 41 and b) the broader question of how to interpret what rights are covered by Art 41.

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