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The High Court refused to quash the Minister for Justice's decision refusing visa appeals for the children of a UK national residing in Ireland. The original visa applications were rejected due to doubts about the applicant's genuine intention to exercise free movement rights in Ireland and issues with identification documents. The subsequent appeals were also refused, with the Minister questioning the sufficiency of evidence regarding the applicant's employment and residency in the State. The court found that the applicant was aware of the issues and had ample opportunity to address them, and that the decisions were made on a sufficiently solid factual basis.
Judicial review, Minister for Justice, visa appeals, European Communities (Free Movement of Persons) Regulations 2015, Directive 2004/38/EC, qualifying family members, EU Treaty Rights Visa (EUTR visa), residency rights, employment status, dependency, certiorari, Union citizen, Treaty rights, withdrawal agreement, burden of proof, fair procedures, irrationality, habitual residence, right of free movement, European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020, Department of Employment Affairs and Social Protection (DEASP), balance of probabilities, Legal Services Regulation Act 2015.
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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