Wen Wei & Ting Ting v Minister for Justice & anor

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Respondent/Defendant:Minister for Justice and the Commissioner of An Garda Síochána
Court/s:Court of Appeal, Supreme Court
Nature of Proceedings:Appeal
Judgment Date/s:19 Dec 2024
Judge:Woulfe, S., Hogan, G., O’Donnell
Category:Immigration law
Keywords:Border control, Entry (Refusal of), Non-EU National, Refusal of leave to land, Student, Visa
Country of Origin:Malaysia
URL:https://www.courts.ie/acc/alfresco/d56fd777-f75b-4b75-a57c-14e76b9e95c0/[2024]_IESC__58_Woulfe%20J.pdf/pdf#view=fitH

Facts: The appellants were two Malaysian nationals who sought permission to land and enter the State at Cork Airport in December 2020 in order to start an English language course in January 2021. They were refused permission to land because the course was to be conducted online and not in person. This decision was made at the time of the … Read More

Principles:The reference to public policy in the refusal of leave to land ground under section 4(3)(j), Immigration Act 2004 should be understood as distinct from national security and as granting wide discretion to the Minister.
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TAR and IH v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 385
Nature of Proceedings:Judicial Review
Judgment Date/s:30 Jul 2014
Category:Visa
Keywords:Entry (Refusal of), Immigration, Visa
Country of Origin:Iraq
Geographic Focus:Ireland

Facts:The applicants were Iraqi nationals. The first named applicant was retired and his wife, the second named applicant, was a teacher. They sought visas from the Minister for Justice to enter Ireland to visit their son, a naturalised Irish citizen. Their application was refused. They unsuccessfully appealed the refusal. The Minister affirmed it and held that their obligations to return … Read More

Principles:

Reasons for refusing visa applications do not have to be lengthy, but they must express the basis upon which the applications have been refused in order that the unsuccessful applicants may understand them and decide whether or not to appeal or review them, and in order that a court may review them in any challenge.

If the Minister for Justice has concerns about the information provided in support of a visa application, it is prudent to raise this with an applicant before determining the application rather than refusing it and thereby encouraging an applicant to take legal proceedings.

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AAM v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2013] IEHC 68
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Dec 2013
Judge:Clark J.
Category:Refugee Law, Residence
Keywords:Dependant, Entry (Refusal of), Family Reunification, Refugee, Residence
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/abc8f4a8-c6d0-4f06-9af0-c08a0011f4dd/2013_IEHC_68_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant, a national of Somalia, had been granted refugee status in the State, and he applied for family reunification pursuant to Section 18 of the Refugee Act 1996 with his mother and four siblings, who lived in a camp in Somalia. He sent them approximately €157 per month. Whilst the Minister accepted the claimed family relationship, his application … Read More

Principles:

In deciding applications for family reunification made on the basis of dependency, it is not a relevant consideration when deciding on the issue of dependency that the applicant may not be able to maintain the family members who are the subjects of the application in the State. Additionally, when considering whether or not financial transfers made by the applicant to the subjects of the application tend to show that they are dependent on him or her, it is appropriate to use some kind of “yardstick” by reference to which the likely impact of such transfers on the subjects can be measured. The lack of such a “yardstick” may mean that any refusal to accept that the transfers give rise to a situation of dependency would be set aside for want of a rational basis.

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A v Minister for Justice [2013] IEHC 356

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2013] IEHC 356, 19 July 2013
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Jul 2013
Judge:MacEochaidh J.
Category:Refugee Law, Residence
Keywords:Dependant, Entry (Refusal of), Family Reunification, Refugee, Residence
Country of Origin:Iraq
URL:https://www.courts.ie/acc/alfresco/6e3cfc21-3574-48f1-92f4-b36b2efaf939/2013_IEHC_356_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was an Iraqi national who had been granted refugee status in the State. He made a family reunification application in respect of his parents and two sisters, pursuant to Section 18 of the Refugee Act 1996, which gives the Minister for Justice discretion to grant permission to a dependent member of the family of a refugee to … Read More

Principles:

In determining applications for family reunification based on dependency, the Minister is obliged to have regard to all of the evidence relating thereto, including any evidence showing that the subjects of the application are not able to maintain themselves fully or of transfer of funds from the applicant to the subject of the application. Determinations  refusing applications for family reunification must be properly reasoned, and if they are based on errors of fact or speculation,  they are liable to be set aside by the court.

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ZMH (Somalia) v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2012] IEHC 221
Nature of Proceedings:Judicial Review
Judgment Date/s:24 May 2012
Judge:Cooke J
Category:Refugee Law, Residence
Keywords:Entry (Refusal of), Family Member, Family Reunification, Family Unity (Right to), Refugee, Residence, Residence Permit, Visa
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/68931e53-7755-41de-8c24-597e72be0d88/2012_IEHC_221_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was a national of Somalia and declared a refugee in 2008. She applied for family reunification for her husband, two sons and her elderly mother, who were said to be nationals of Somalia but all living in Ethiopia. The Minister requested the applicant to produce Somali passports or identity documents for her family members. This was for … Read More

Principles:

Where the Minister has not refused to exercise his public function, the Court could not grant a mandatory order compelling him to do so.

Given the requirements of Section 18 of the Refugee Act 1996 and the consequence for the State’s international obligations in issuing authorisations for international travel, the Minister is both entitled and obliged to satisfy himself that authorisations for family reunification and travel visas issued for that purpose are validly issued to persons who have the genuine family relationship claimed and that their identities have been authentically established.

Although considerable doubt surrounds the authenticity of Somali identity documents, it is not unreasonable or irrational for the Minister to insist on the presentation of such a passport, as Somali passports are not rejected outright but only as the sole means of establishing identity. The degree of weight to be attributed to a passport ultimately would depend on the cumulative effect of other proofs and information offered, including DNA tests, if relevant.

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AMS (Somalia) v Minister for Justice and Equality; AK (Afghanistan) v Minister for Justice and Equality

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AMS (Somalia)
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2012] IEHC 72
Nature of Proceedings:Judicial Review
Judgment Date/s:14 Feb 2012
Judge:Cross J.
Category:Refugee Law, Residence
Keywords:Dependant, Entry (Refusal of), European Convention on Human Rights (ECHR), Family Life (Right to), Family Member, Family Reunification, Refugee, Residence, Residence Permit
Country of Origin:Somalia Afghanistan
URL:https://www.courts.ie/acc/alfresco/0728a8d8-adb0-461d-8e04-8282437f77a0/2012_IEHC_72_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The first applicant was a national of Somalia and was recognised as a refugee in the State in 2009. He applied to the Minister under Sections 18(3) and (4) of the Refugee Act 1996 for family reunification with his wife, mother and four minor siblings. All had been living in a refugee camp outside Mogadishu and, at the time … Read More

Principles:

For the purposes of family reunification part of the investigation of the family includes an assessment of the domestic circumstances of the dependent family member, not the refugee. 

The Minister’s decision must, per the Supreme Court decision in Meadows v Minister for Justice, disclose at least the essential rationale on foot of which the decision is taken. 

In exercising his discretion to grant permission to dependent family members to enter and reside in the State there must be a separate consideration by the Minister of the refugee and the different dependent family members and their individual personal circumstances. The Minister must carry out a balancing exercise in assessing the proportionality of his decision upon a refugee’s ECHR rights.

If the Minister had a fixed policy  as to family reunification of dependent family members of refugees he should state it so that it could be examined as being reasonable.

Section 18(4) of the Refugee Act 1996 did not contemplate a “sponsorship” requirement and any such requirement would require a legislative amendment.

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