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Unfair not to inform mother and daughter of a specific expectation of the Minister in visa application

By: James Cross BL

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High Court grants judicial review of a decision refusing a mother a visa to join her UK national daughter in the State as a qualifying family member, on the grounds that: (a) the Minister had proceeded on a mistaken basis that the daughter was not exercising her free movement rights and had not appreciated the nature of certain of the evidence presented to him; and (b) it was unfair not to inform the mother and daughter of a specific expectation of the Minister in the visa application.

Asylum and immigration – judicial review – European law – free movement of persons – mother challenging the decision refusing her visa to join her daughter, a UK national - had intended to move to Ireland – daughter took up employment in a Dublin hospital - qualifying family member – relevant law - social Dependence – Minister has proceeded on a mistaken basis as to fact and clearly not appreciated the nature of certain of the evidence presented to him in this regard - financial dependence – absence of assets - Minister is not required to advise applicants throughout the application process as to the evidence they need to provide - investments and assets - joint account - living in Ireland? - grounds upon which relief is sought – no failure to have regard to the representations as were made - Minister is not required to advise applicants throughout the application process as to the evidence they need to provide - as a matter of basic fairness of procedures, the Minister does need to be specific in an initial decision as to his specific expectations, if he expects that particular documentation will be produced – nothing to indicate that the Minister has not considered any of the documentation provided – 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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