Family reunification refused for adult child of refugee as Supreme Court upholds legislative time limits

The Supreme Court dismissed an appeal by a refugee who challenged the refusal to grant family reunification for her adult daughter, after her daughter turned eighteen before the application could be made. The Court upheld the High Court and Court of Appeal decisions, finding that the relevant Irish statute law setting the eligibility cutoff at the date of family reunification application (not the asylum application date) was valid. The Court held that Irish legislation was not unconstitutional, did not breach EU law, nor was it incompatible with the European Convention on Human Rights, as Ireland had deliberately chosen not to opt into relevant EU Directives governing family reunification. The Court accepted that, while this approach could lead to harsh outcomes, it reflected a policy choice within the legislature's discretion and did not amount to impermissible discrimination. The appellant remains entitled to apply under a non-statutory administrative scheme, but the lack of access to family reunification for adult children under the statutory scheme stands.