Ahmed v The Minister for Justice and Equality

 
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[2018] IEHC 645

THE HIGH COURT

Barrett J.

2018 No. 38 JR

Between:
NUURTO ABDIKADIR AHMED, ABDIRAHMAN MOHAMED OSMAN

and

LEYLO MOHAMED OSMAN (a minor suing through her mother and next friend)
NUURTO ABDIKADIR AHMED
Applicants
– and –
THE MINISTER FOR JUSTICE AND EQUALITY
Respondent

Asylum & Immigration – Judicial review – Refusal of visas – Deficiencies in refusal decisions

JUDGMENT of Mr Justice Max Barrett delivered on 19th November, 2018.
1

Ms Ahmed is an Irish citizen. She is the mother of the Osmans, Somali nationals resident in Ethiopia. She is also the mother of a young man of 18 years, resident in Ireland, a brother of the Osmans. He suffers from a physical disability and an illness so severe that Ms Ahmed cannot work outside the home and so cannot earn any income additional to her carer allowance, not even to the limited extent to which such work is permitted under the carer allowance scheme.

2

The decisions now before the court arose as follows: on 05/10/2016, application for two "join family" visas were submitted for Mr AM Osman (then eight days shy of his 18th birthday) and Miss LM Osman (then and now a minor). The Osmans reside with their father in Ethopia; he is claimed to be of such an age that he finds caring for his children difficult. By letter of 30/05/2017, the Irish Embassy in Addis Ababa advised the Osmans that their visas had been refused. By letter of 28/07/2017, these decisions were appealed. By letters of 20/10/2017, the Minister refused the appeals. These proceedings followed. There are a number of deficiencies in the appeal decisions.

3

'No Medical Documents'. When it comes to the alleged ailing health of the Osmans" father, the Minister states: 'No medical documents have been provided'. This is wrong. A medical certificate has been provided.

4

No Special/Exceptional Circumstances? The appeal decisions indicate that '[t] he...officer has considered all matters and documents submitted with regard to the application and whether there are any special circumstances... and...concluded that there are none'. This is an intended reference to the Department's Policy Document on Non-EEA Family Reunification (December 2016) (the "Reunification Policy"), para.1.12, which states: '[D] ecision-makers...retain the discretion to grant family reunification in cases that...do not appear to meet the requirements of the...

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