Ashraf v The Minister for Justice and Equality

• Jurisdiction: Ireland
• Judge: Mr Justice Max Barrett
• Judgment Date: 21 December 2018
• Neutral Citation: [2018] IEHC 760
• Docket Number: 2018 No. 338 JR
• Court: High Court
• Date: 21 December 2018

[2018] IEHC 760

THE HIGH COURT

Barrett J.

2018 No. 338 JR

Between:

MUHAMMAD BILAL ASHRAF, SOBIA SALEEM, MUHAMMAD HANASH BILAL

and

ANUSH BILAL (the 3rd and 4th applicants are minors suing by their next friend SOBIA SALEEM)

Applicants

– and –

MINISTER FOR JUSTICE AND EQUALITY

Respondent

Visa applications – Certiorari – Deficiencies – Applicants seeking orders of certiorari in respect of appeal decisions – Whether deficiencies presented as regards the applicants’ appeals

Facts: The first applicant, Mr Ashraf, a Pakistani resident in Pakistan, obtained a critical skills employment permit (CSEP) from the Department of Business, Enterprise and Innovation (DBEI). Since receiving same, he, the second, third and fourth applicants, his wife and minor children, applied for long-stay visas which were refused by the respondent, the Minister for Justice and Equality. Failed appeals followed. The applicants sought, inter alia, orders of certiorari in respect of the appeal decisions.

Held by the High Court (Barrett J) that deficiencies presented in Mr Ashraf’s refusal on appeal which stated, inter alia, that he: (i) “has not provided a six month detailed bank statement”; (ii) “has not supplied any evidence of experience of working in a similar capacity”; and (iii) “may branch into the…UK”. Barrett J held that points (i) and (ii) showed that the respondent did not consider all the evidence before him and/or did not appreciate certain evidence for what it was; point (iii) was a further deficiency, though of a different nature. Barrett J held that he would therefore grant the order of certiorari that Mr Ashraf sought.

Barrett J held that, having noted that the first ground for refusing Ms Saleem’s appeal was that Mr Ashraf’s application failed and given the deficiencies presenting as regards Mr Ashraf’s appeal, an order of certiorari would follow for Ms Saleem. As to the children, Barrett J held that their appeals failed because their parents’ appeals failed, so an order of certiorari would also issue in respect of their appeals.

Application granted.

JUDGMENT of Mr Justice Max Barrett delivered on 21st December, 2018.

1 Mr Ashraf, a Pakistani gentleman resident in Pakistan, has obtained a critical skills employment permit (CSEP) from the Department of Business, Enterprise and Innovation (DBEI). Since receiving same, he, his wife and minor children have applied for long-stay visas which have been refused by the...