Decision that sister of Ukrainian refugee was not a dependent was irrational

Judicial review – asylum and immigration – substantive decision - Ukrainian national challenging the decision of the Minister for Justice to refuse his application for family reunification – granted asylum in 2004 - married with two children - employed as a clinical researcher - applied for refugee family reunification in respect of his sister and her son – application in respect of his nephew was rejected – application in respect of his sister referred to the Refugee Applications Commissioner – evidence as to her identity – sister is currently residing with him – assisted in travelling to the state by her boyfriend – ORAC determined that she was not dependent member of the family – application was refused – whether the Minister had the power to consider an application for family reunification when the family member in respect of whom family reunification was sought was already in the State – where the “dependent family member” has already entered the State is it possible for him or her to rely upon his or her post hoc dependency as grounds for the exercise of discretion on the part of the respondent to grant permission to that family member to reside in the State - fact that a family member may have somehow reached the shores of the State by the time the family reunification application is made cannot of itself deprive the Minister of her vires to make the decision –
Minister argued that dependency in the country of origin has to be established in order to give the Minister jurisdiction – Ukrainian argued that the key test is whether there was dependency at the time of the application for family reunification - dependency is not confined to issues of financial or economic dependency – Minister had jurisdiction to make the decision - correct test for dependency in respect of applications for family reunification – definition of “dependent family member” - no irrationality in the Minister commenting on the lack of any documentary evidence - not clear how a finding that there was no documentary evidence of the his sister’s presence in his house could rationally lead to a finding that the Minister was not satisfied that the applicant’s sister was a dependent family member for the purpose of the Act – sister’s illness - entirely irrational to rely on the absence of documentary evidence in respect of the his sister’s travel to Ireland as a reason for not being satisfied as to her dependency – potential asylum claim irrelevant – not satisfied paucity of documentary evidence as to the applicant’s sister’s mental state is sufficient to sustain the conclusion that the respondent could not be satisfied that the applicant’s sister was a dependent family member - relevant matters not considered - judicial review granted.