High Court refuses leave to appeal the decision refusing judicial review of the Minister for Justice’s decision refusing family reunification, on the grounds that the application was not sustainable.
Judicial review – asylum and immigration – application for leave to appeal to the Court of Appeal – High Court refused judicial review of the decision refusing family reunification – found that they were no longer entitled to apply - since the coming into force of the International Protection Act 2015 there is now a time limit of twelve months from the given, under s. 47, of the refugee declaration, or, subsidiary protection declaration, to the sponsor to apply for family reunification – at time he was granted subsidiary protection there was no time limit - relies upon s. 27 (1) (c) of the Interpretation Act 2005 which provides that where an enactment is repealed the repeal does not affect any right, privilege, obligation or liability acquired accrued or accord under the enactment – Section 69 of 2015 Act incorporated certain transition provisions relating to declarations and permissions under the repealed enactments and did not incorporate any reference to additional arrangements in respect of rights to enter and reside for members of the family of qualified persons - right asserted is a mere right to take advantage of an enactment now repealed - such claimed right is not a vested right therefore the presumption in s.27 is not triggered – application is not sustainable.