FB v Minister for Justice and Equality (No. 2)

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2018] IEHC 716
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Dec 2018
Judge:Keane D.
Category:Refugee Law
Keywords:Child, Family Life (Right to), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/6791ea72-531a-453a-810b-88cbad9da038/2018_IEHC_716_1.pdf/pdf#view=fitH

Facts: The applicant was a 75 year old Nigerian national who arrived in the State in 2005 and claimed asylum. She was recognised as a refugee in 2008 and in 2012 became a naturalised citizen. The applicant applied for family reunification with her granddaughters who were dependant upon her. The application was refused by the Minister and the applicant brought … Read More

Principles:It was incumbent on the Minister to consider the concrete reality of the relationship between the persons concerned and the extent to which it was one of “de facto family ties” protected by the right to family life under Article 8 of the Convention, and to set out the Minister’s reasoning on that issue expressly in the decision.
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