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High Court grants judicial review of decision refusing a Somalian national’s application for family reunification of her niece, claiming that she was her niece’s guardian, on the grounds that the decision of the Minister for Justice was based on a mistaken apprehension that the law required that the Somalian national establish legal guardianship to succeed in her application.
Asylum and immigration – judicial review – Somalian national applied for family reunification with her niece – guardian of her niece – Minister - proceeding on the basis of the looser form of guardianship - Minister conceived of her application as one that could only be based on a formal, legally determined guardianship - Minister refused the reunification application on the basis that she had failed to establish legal guardianship - mistaken apprehension on the Minister’s part that the law required that she establish legal guardianship to succeed in her application - Minister’s decision to refuse to consider her application unless she confined it to de jure guardianship was unreasonable – judicial review granted.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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