Facts: The applicant was an elderly Nigerian national who had been granted refugee status in Ireland. She applied for family reunification with two alleged granddaughters who were said to have been dependent on her in Nigeria, pursuant to s. 18(4) of the Refugee Act 1996. She claimed that she had left them in the care of an individual when she … Read More
FB v Minister for Justice and Equality
| Respondent/Defendant: | Minister for Justice and Equality |
| Court/s: | High Court |
| Citation/s: | [2014] IEHC 427 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 05 Sep 2014 |
| Judge: | Barr J. |
| Category: | Refugee Law, Residence |
| Keywords: | Dependant, Family Reunification, Refugee, Residence |
| Country of Origin: | Nigeria |
| URL: | https://www.courts.ie/acc/alfresco/bf1d07a3-4778-4602-9396-1f1df5807ca4/2014_IEHC_427_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | In assessing whether a person is dependent on an applicant for family reunification pursuant to s. 18(4) of the Refugee Act 1996, regard must not be had solely to considerations of financial dependence. Where financial dependence is considered, it will not necessarily be sufficient to consider the average income in the subject of the application’s country of origin with a view to determining the extent to which remittances from the applicant give rise to dependence. Financial burdens on the subject, and the extent to which they are alleviated by the remittances, also need to be considered. |