Read on Twitter
NB to note that Nigerian woman referred to in this report was a minor at time of applying for FR & when challenging decision to refuse based on strict application of 12 month rule with no BIA. https://twitter.com/MaryCarolanIT/status/1336421548274688008
A significant State argument in defending proceedings was that refugees who cannot apply within 12 months is that discretionary visa applications can be made under INIS Policy Document. Unclear if that document really envisages child acting as ‘sponsors’.
V difficult procedurally to make visa application if supporting documents that would usually be submitted are unavailable (passport, birth certs etc.) as often the case in refugee applications. It’ll be interesting to see how INIS will now deal with these applications.
Lengthy judgment dealing with different issues in separate cases.
Still getting through the full judgment now available at:
https://courts.ie/viewer/pdf/d0eae3ec-52c2-41af-8f01-f97a34a2d5ab/2020_IESC_70_Dunne%20J.pdf/pdf#view=fitH
Still getting through the full judgment now available at:
https://courts.ie/viewer/pdf/d0eae3ec-52c2-41af-8f01-f97a34a2d5ab/2020_IESC_70_Dunne%20J.pdf/pdf#view=fitH
Related judgment of Charleton J. also available at: https://courts.ie/viewer/pdf/d30e7e7f-810e-4875-956b-3ed884ab8866/2020_IESC_70_Charleton%20J.pdf/pdf#view=fitH
The court notes that the law regarding refugee family reunification has been greatly clarified by the judgment. Credit to @immigrationIRL @HendoEm for leading this case & supporting a remarkable young woman during the case.
