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Court of Appeal allows appeal from High Court, and sets aside order quashing decision of the Minister to refuse visas to children from Somalia, on the grounds, inter alia, that: (a) the children did not meet the criteria in the policy document produced by the Minister's department; (b) the Minister had been entitled to conclude that the children did not fall into such exceptional circumstances that the visas should be granted on humanitarian grounds; and (c) a number of the assertions made by the children's mother were unsupported by the evidence, including the assertion that the children's father was missing and presumed dead.
Allen J (nem diss): Judicial review - application to quash refusal to grant visas - long-stay visas - refusal quashed in High Court - appeal - policy document published by Irish National Immigration Service - failure of applicants to meet requirements - whether exceptional set of circumstances - humanitarian grounds - Non-EEA Family Reunification - history of family in Somalia and Ethiopia - whether family likely to be a burden on the social welfare system - disagreement as to meaning of High Court judgment - absence of consent from father of children - whether father missing, presumed dead - whether evidence that children were worse off than other children in Somalia - whether circumstances of children warranted a departure from policy.
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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