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High Court grants judicial review of the decision refusing the applicant a residence card on the basis that she was a dependent qualifying family member of the second applicant, who had exercised his right to free movement within the EU, on the grounds that the Minister for Justice applied the incorrect test for dependency in making the refusal.
Asylum and immigration – challenge to the decision refusing a residence card on the basis that she was a dependent qualifying family member of the second applicant, who had exercised his right to free movement within the EU – argued that the decision maker had adopted the wrong test for dependency at the time of the initial refusal – irrationality - the critical period where the dependency of the non-EU citizen on the EU citizen must be established, is for the period immediately prior to the time when the non-EU citizen either accompanies the EU citizen into the State – wrong test applied – judicial review granted.
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