Issue concerning family reunification had been determined in another case

By: James Cross BL

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High Court refuses judicial review of the refusal of an application for family reunification where the eldest daughter had reached the age of majority by the time her mother had been granted refugee status, on the grounds that the issue had been determined in a separate case and there was no self-standing constitutional, ECHR or EU law right to family reunification for a member of a beneficiary’s family, who resides outside the State, whether at the date of the beneficiary’s application for international protection, the date of the beneficiary’s declaration as a refugee, or otherwise and declared refugees are treated equally as of the date of their family reunification applications

Asylum and immigration – judicial review – issues decided in another High Court case – no Worldport exception – all three children were minors when mother applied for international protection – by the time she was granted refugee status eldest daughter had aged out - she was over 18 years of age at the date on which the application for family reunification was made – ineligible on this ground - applicant maintains that the provisions of s.56 of the 2015 Act, are inconsistent with EU law and are contrary to the right to equal treatment enshrined in the Constitution, by virtue of the fact that the ability of a person, who is declared a refugee, to obtain family reunification in respect of children, who are under 18 years of age, is dependent upon the length of time that her application for refugee status takes to reach a determination – background facts - relevant statutory provisions - well settled at law, that a judge at one level in the hierarchy of the court system, should follow a judgment given by another judge at the same level – High Court found that there was no self-standing constitutional, ECHR or EU law right to family reunification for a member of a beneficiary’s family, who resides outside the State, whether at the date of the beneficiary’s application for international protection, the date of the beneficiary’s declaration as a refugee, or otherwise - declared refugees are treated equally as of the date of their family reunification applications - Court is bound to follow that judgment in terms of its findings and the consequences that flow from them – failure to exhaust alternative remedies –

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