Minister entitled to refuse visa appeal on the basis of failure to prove requisite family relationship

Asylum and immigration – judicial review – EU treaty rights – free movement of persons - British national who is the husband and father of non-EU citizens - difficulty has come in establishing the nature of the relationship between the trio – application for EU treaty rights refused - key focus of the Minister has been the inability of the applicants to demonstrate that they have the relationships necessary for EU Treaty Rights to come into play - Minister also saw fit, in his correspondence, to query why, if the first-named applicant is a British national, he has not simply sought a British passport for his daughter – none of the Minister’s business - whether the applicants might have sought to bring some other application in respect of some perceived eligibility for a passport is neither here nor there - central findings – failed to establish requisite family relationship for their EUTR application to succeed – failed to establish his wife is genuinely exercising free movement rights in the State - pleadings do not plead the issues of adequate transposition of Directive – Minister was entitled to refuse the visa appeal on the basis of a failure to prove that the applicants were beneficiaries within the meaning of the Directive – Minister entitled to find that he was not satisfied that the husband is not engaged in the genuine exercise of free movement rights – judicial review refused.