SH and AJ v Minister for Justice, Ireland and the Attorney General

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Respondent/Defendant:Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2022] IEHC 392
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Jun 2022
Judge:Ferriter C.
Category:International protection, Refugee Law
Keywords:Charter of Fundamental Rights of the European Union, Child, Discrimination (Indirect), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Minor
Country of Origin:Syria, Somalia
URL:https://www.courts.ie/acc/alfresco/80e83a63-c91b-47e7-a90d-99f4a672064e/2022_IEHC_392.pdf/pdf#view=fitH

Facts: SH was a Syrian national whose wife and three children resided in Syria. SH applied for international protection in Ireland in February 2020. There were delays in processing his case, including due to COVID-19. While awaiting an interview, one of SH’s sons turned 18. SH was granted refugee status in June 2021 and subsequently made a family reunification application … Read More

Principles:The delays experienced during the COVID-19 pandemic were exceptional and not unreasonable delays for processing an international protection application. The scope of the definition of family members eligible for family reunification under section 56 of the International Protection Act 2015 was a matter of policy choice by the legislature and not in breach of EU law, nor was it repugnant to the Constitution or the ECHR. Failure to inform a beneficiary of international protection of their right to family reunification promptly and in a language they can likely understand is in violation of Article 22 of the Qualification Directive 2004/83/EC
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