Decision refusing Afghani national’s application for family reunification was lawful

Judicial review – asylum and immigration – challenge to the decision refusing Afghani national’s application for family reunification – Afghani national’s came to the State – refused asylum – judicial review issued – second negative decision – further judicial review proceedings – first wife died – married again - marriages-of-convenience - application for EU Treaty rights after the marriage – temporary leave to remain granted – marriage broke up - granted relief in judicial review proceedings - first husband of the woman who was to become the applicant’s third wife died – his proceedings were remitted to the tribunal - declared to be a refugee – married his third wife – an Afghani national - she was previously married and had a daughter - submitted an application for family reunification in respect of eight people including his third wife - refused the family reunification application - procedural history – whether the Minister erred in law and acted unreasonably and irrationally in finding that granting of the application for family reunification - Minister was correct to refuse family reunification on the basis that the third wife is not a wife because the applicant was married to another person at the time of celebration of that “marriage” - consistent with European standards - if the marriage is not to be recognised in Irish law, then Article 41 does not confer any rights in that regard – whether the Minister erred in fact and in law in finding that the marriage between the applicant and his wife remains polygamous – no error of law - an actually polygamous marriage is invalid ab initio – whether the Minister erred in law in making his decision on the basis that in order for a refugee's spouse to qualify as a “spouse” their marriage must be recognisable under Irish law – word “spouse” in s. 18 of the 1996 Act means a spouse in a subsisting valid marriage – argued that decision was unlawful because the refusal of family reunification in respect of his wife and step-daughter amounts to what is likely to be a lengthy or potentially even permanent sundering of his family - not breached because the non-recognition of a second marriage in a polygamous situation is within the margin of appreciation - Minister dealt with the application that was made and was therefore not in error - IHAP Scheme - prematurity or alternative remedies – persuasiveness of ECHR jurisprudence - no automatic obligation on different judges to agree - awareness of, and an ability and willingness to engage in, the rigorous methodology of legal reasoning allows for the possibility of a constructive conversation – application refused –