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
AAM v Minister for Justice and Equality
| 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 |
| 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. |