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No factual basis for Minister’s conclusion that UK nationa engaged in an abuse of his EU rights in visa applications for Afghani nationals

By: James Cross BL

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High Court grants judicial review of a decision refusing Afghani nationals visas so that they can join a UK national family member who intends to work in Ireland, on the grounds that there was no factual basis for the Minister for Justice and Equality’s conclusion that the UK national was engaged in an abuse of his EU national rights.

Asylum and immigration – judicial review – Free Movement of Persons - European law – challenge to the decision Afghani nationals visas to enter the state - UK national living in London, claims that he intends to come to work in Ireland in the company of his wife and children, who are Afghan nationals resident in Afghanistan – qualifying members - Minister refused the said visa applications on the basis that the UK national is engaged in an abuse of rights - nothing in the facts that went before the Minister to support this conclusion - any conclusion that a person is engaged in an abuse of rights must be rooted in fact and here there is no factual basis for the conclusions reached – 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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