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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