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The High Court quashed decisions by the Minister for Justice refusing visas to two siblings of an EU citizen residing in Ireland, who sought to join him on the basis of claimed financial dependency following the deaths of their parents. The court found that the Minister had erred by applying an excessively onerous evidentiary standard, particularly in demanding a 'chain of evidence' linking remittances to specific purchases and in disregarding sworn affidavits stating the siblings' lack of other income. The court also held it was incorrect for the Minister to suggest that more than normal emotional ties were required between siblings to demonstrate dependency. Consequently, the refusal decisions were set aside and the matter was remitted for reconsideration.
visa refusal – EU family members – financial dependency – citizens’ free movement – remittances – judicial review – quashing ministerial decisions – onward appeals – burden of proof – Rules of the Superior Courts (RSC) – Directive 2004/38/EC (Citizens" Directive) – European Communities (Free Movement of Persons) Regulations 2015 – affidavit evidence – Minister for Justice powers – emotional ties – administrative law
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