Niece and nephew from Somalia were dependent on their naturalised Irish aunt

Judicial review – Family reunification – Couple of Somali origin – aunt declared a refugee in 2004 –naturalised Irish citizen - husband and biological children reunified with her in Ireland pursuant to statute in 2007 – de facto parent to her orphaned niece and nephew – Minister refused to allow them to be reunited as their aunt had failed to establish that they were “dependent” as required in statute – whether the Minister erred in law in holding that the niece and nephew were not “dependent members of her family” – whether the Minister erred in law in failing to consider that the children were members of her family – difficulties in obtaining identity documents from a failed state – DNA testing – circumstances in which the family members of a refugee may be granted permission to enter the State and reside with a refugee in Ireland – Act affords the Minister discretion to permit reunification with specified family members other than spouse and unmarried minor children of the refugee – bewildering lack of clarity on the circumstances which trigger the benevolent application of ministerial discretion – unable to legally adopt her niece and nephew because of the situation in Somalia – sent them vital monies – Minister found that there was insufficient evidence to establish financial dependency – Minister found that they were not dependent family members – Commissioner did not conduct an investigation into the domestic circumstances of the niece and nephew as required by statute – unexplained delay – statutory interpretation – whether the Minister erred in considering that dependency turned solely on financial dependency – whether the Minister should have given consideration to the conditions in which the niece and nephew are now living – Minister ignored evidence of emotional dependency – onus is on the person seeking family reunification to establish dependency – proves was inexcusably protracted, careless and directionless – whether the Minster erred in law in the manner in which he conducted the assessment of dependence and familial relationship – Minister failed to consider the material that was put before him – “dependent” not defined in the act – whether dependency is confined to financial dependence – whether dependence involves all relevant economic, social, personal, physical , familial, emotional and cultural bonds.