High Court grants judicial review of the decision refusing Bangladeshi brother a visa as a dependent family of UK citizen brother, on the grounds that: the Minister for Justice erred in law in identifying a deficiency of documentation provided in respect of matters that did not properly arise for consideration; the Minister’s reasoning erred in adopting a limited definition of “household"; and the Minister acted unreasonably and/or in breach of fair procedures in concluding that the Bangladeshi brother had failed to submit satisfactory evidence that he was a dependent of the UK brother and/or a member of his household, without adopting procedures which would have enabled the Bangladeshi brother to know what evidence he was required to adduce in order to establish same
Asylum and immigration – judicial review – applicant originally from Bangladesh – naturalised UK citizen – exercising free movement of persons rights to work and live in Ireland – brother, a Bangladeshi national, claims to be dependent on him in England– Minister refused application for Bangladeshi national to travel and live with his UK brother in this State as a dependent member of his family – errors by both parties – whether the Minister erred in his application of the relevant provisions of the EC (Free Movement of Persons) Regulations 2015 - Minister erred in law in identifying a deficiency of documentation provided in respect of matters that did not properly arise for consideration – whether the Minister acted unreasonably and/or in breach of EU law and/or the 2015 Regulations in determining that the Bangladeshi brother had failed to provide sufficient evidence that he was a member of his brother’s household - abundance of evidence – meaning of “household” – Minister in his reasoning fails to have regard to the full meaning of household - Minister acted unreasonably and/or in breach of fair procedures in concluding that the Bangladeshi brother had failed to submit satisfactory evidence that he was a dependent of the UK brother and/or a member of his household, without adopting procedures which would have enabled the Bangladeshi brother to know what evidence he was required to adduce in order to establish same – whether the Minister acted in breach of fair procedures and/or natural and constitutional justice by refusing the Bangladeshi brother’s application on the basis of matters which were never put to him – judicial review granted.