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Issue of financial dependency was not properly considered by the Minister in visa applications

By: James Cross BL

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High Court grants judicial review of a decision refusing Pakistani nationals visas to accompany their UK citizen family member to the State, on the grounds that the Minister for Justice and Equality failed to properly consider the issue of financial dependency and erroneously concluded that the first applicant was a cousin of the UK citizen.

Asylum and immigration – judicial review – European law – free movement of persons - nationals of Pakistan, the extended family members of a UK citizen living in the UK, sought visas to accompany the UK citizen to this State- whether they are dependents or members of the household - financial dependency – Minister incorrect to state that no documentary evidence was provided - household membership - issue of financial dependency was not properly considered by the Minister – eight questions raised – whether the Minister erred in law and act irrationally and unreasonably in relying on public policy to refuse the visa appeals – wording generic - upon receiving an administrative decision, the recipient is entitled to know why the decision taken has been taken – whether the Minister was entitled to take into account the UK national’s perceived motive for wishing to move to Ireland as a basis for refusing the appeals – whether the Minister acted irrationally and unreasonably in finding that they had failed to prove that the First Applicant was the cousin of the UK national and/or whether the Minister unlawfully fail to give reasons for this finding - arrived at the clearly erroneous conclusion that the above-mentioned relationship had not been established - the Minister acted irrationally and unreasonably in refusing the visa appeals partly on the basis that there was no evidence that the first applicant was the ultimate beneficiary of the monies transferred to him by the UK national - the Minister acted in breach of statutory duty and in breach of EU law in failing to assess and determine whether the third and fourth applicants are or were dependent on their EU citizen family member - 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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