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Visa denial for family reunification overturned on marital cohabitation grounds
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High Court remits a case back to the respondent for further consideration, specifically on the aspect of recognising the marital relationship and respecting the institution of marriage under Article 41 of the Constitution. The court found that the decision failed to properly consider the ability of the spouses to cohabit in their own country, the length and duration of the marriage, and the fact that the current long-distance arrangement was not by choice. The court upheld the respondent's decision on other grounds, including the assessment of social support and the lack of DNA evidence to establish a familial connection with two of the children. The applicants were granted their costs, subject to written submissions from the parties within seven days.
Family reunification, visa application, judicial review, Article 41 of the Constitution, Article 8 of the European Convention on Human Rights, marital cohabitation, long-distance relationship, financial support, social support, DNA evidence, familial connection, best interests of the child, immigration policy, State's rights, Gorry v The Minister for Justice & Equality, irrationality, unreasonableness, dependency requirement.
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.
