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Court of Appeal allows appeal from High Court, and sets aside an order quashing the refusal by the Minister for Justice of an application by a naturalised Irish citizen of Nigerian origin of family reunification with an alleged granddaughter, where DNA showed no family relationship, on the grounds that: (a) the applicant had failed to establish that the alleged granddaughter was a member of her family, which was a statutory precondition to family reunification, in circumstances where she had previously disclosed only one granddaughter; (b) the application for judicial review had not advanced a claim that the alleged granddaughter was a 'member of the family' on any other basis than that she was the daughter of the applicant's daughter; and (c) the basis of the decision by the High Court to quash the Minister's decision - that a 'broad' view of family relationship should have been adopted - had not been pleaded or argued before the court.
Collins J (nem diss): Asylum and immigration - judicial review - refusal of application to enter and reside in State - section 18(4) of the Refugee Act,1996 - dependent granddaughters - appeal by Minister from judicial review granted in High Court - 'family reunification applications' (FRU) - distinction between 'member of the family' and 'dependent member of the family' - application for two granddaughters to come to Ireland to reside with naturalised Irish citizen - failure to disclose certain information on intiail application - failure to establish whether persons were granddaughters of applicant - requirement of DNA evidence - failure to establish dependence - test of dependency - grounds pleaded - one biological grandchild - one 'ward' of the applicant - pre-conditions to entry - whether a person is a 'member of the family' of the applicant - whether dependent on the applicant - no explanation of relationship to girl who was not the biological granddaughter of the applicant - grounds advanced by applicant in judicial review proceedings - substance of criticisms of decision-making process.
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