Minister inadequately considered family rights in application for reunification of Nigerian children with their grandmother

Judicial review – asylum and immigration – challenge to the decision of the Minister for Justice refusing two Nigerian children permission to enter and reside in the State as dependent family members of their grandmother who is a refugee – family reunification - Minister is not satisfied that it is in that it was in one child’s best interests to do reside with her grandmother – Minister not satisfied that the other child is a member of the family of the applicant – second application for family reunification – previous refusal quashed by High Court – second application - DNA test report - refugee family reunification - constitutional family rights and the right to respect for family life under the ECHR - no evidence in the decision now under challenge of any consideration of family rights - the best interests of the child - affording that child the opportunity to be heard - no evidence before the Court of adequate inquiry - fundamental error of law in the Minister’s decision in the manner and basis upon which it purported to identify the best interests of the child - failure to provide adequate reasons - biometric testing - limited evidence before the Court of the results of the DNA tests does not justify the summary refusal of permission for her to enter and reside in the State as a dependent family member – definition of dependent family member to includes a dependent ward - by adopting narrow view of the application the Minister was ignoring the refugee family reunification policy underlying the relevant provision – judicial review granted.