Tag Archive for: immigration

New guidelines for naturalisation through Irish associations

UPDATED GUIDANCE ON APPLYING FOR NATURALISATION THROUGH IRISH ASSOCIATIONS

On the 2nd of April 2025, the Department of Justice published updated guidelines for those looking to apply for Irish citizenship via Irish associations.
The Irish Nationality and Citizenship Act 1956 provides that the Minister for Justice has the discretion to grant a certificate of naturalisation where the applicant is of Irish descent of Irish associations, despite the normal conditions for naturalisation not being met.

For the purposes of this Act, a person is considered to be of Irish associations if they are related through blood, affinity or adoption to, or are the civil partner of:

• a person who is (or is entitled to be) an Irish citizen; or
• a deceased person who was (or was entitled to be) an Irish citizen at the time of their death.

It is not enough for a person to simply establish that they are of Irish associations. The Minister will use his absolute discretion in considering these applications, taking into account the following indicative categories:

• Experiential connection to the State
• Family connections to the State
• Cultural connection to the State
• Establishment in the State.

Applications are assessed under section 16(1)(a) and 16(1)(b) of the Irish Nationality and Citizenship Act 1956 (as amended) on a points basis. Points are awarded for satisfying certain scoring criteria related to the above categories. Applicants will need to achieve a score of at 50% or more in two or more of the above categories in order to qualify.

Notably, 60 points are awarded where the applicant has family members (as defined in section 15C the Act) who are, or were at their time of death, Irish citizens ordinarily resident in Ireland. Please refer to Table 1 in the guidelines for the full indicative scoring criteria.

While this assessment will be used to support officers of the Minister in assessing applications under section 16(1)(a) and 16(1)(b) of the Act, there may be other relevant factors not listed here that may be taken into account depending on the circumstances of an individual’s case. The Minister may exercise their absolute discretion in all cases and decisions will be made on a case-by-case basis.

It should be noted that this is entirely at the Minister’s discretion, and satisfying these guidelines does not guarantee the granting of a certificate of naturalisation. For more information, the new guidelines can be found at https://www.irishimmigration.ie/wp-content/uploads/2025/04/Irish-Association-wording-31032005.pdf.

RECENT HIGH COURT JUDGMENT UPHOLDS REFUSAL OF APPLICATION FOR NATURALISATION BY IRISH ASSOCIATIONS

RECENT HIGH COURT JUDGMENT UPHOLDS REFUSAL OF APPLICATION FOR NATURALISATION BY IRISH ASSOCIATIONS

The High Court has recently delivered a judgement in DD v the Minister for Justice [2025] IEHC 67 upholding the refusal of a decision to refuse an application for naturalisation.  

The case concerned an application for naturalisation made pursuant to Section 16 of the Irish Nationality and Citizenship Act 1956.

Section 15(1) of the 1956 Act provides for criteria to be met to be eligible for naturalisation as an Irish citizen.

Section 16 of the 1956 Act provides that the Minister may, in his absolute discretion, grant an application for naturalisation in certain circumstances, despite the Applicant not strictly meeting any or all of the criteria set out in Section 15.

Section 16(1)(a) of the Act states that an application may be approved where the applicant is of Irish descent or Irish associations.

Section 16(2) of the Act states that a person is of Irish associations in the following cases:

  • he or she is related by blood, affinity or adoption to, or is the civil partner of, a person who is an Irish citizen or entitled to be an Irish citizen, or
  • he or she was related by blood, affinity or adoption to, or was the civil partner of, a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.”

However, the fact that the Act provides for the use of discretion should not be taken that it is policy to do so on the sole basis of Irish descent or Irish associations. It is entirely at the Minister’s discretion and this discretion is used very rarely and only under exceptional circumstances.

This case involved a national of Brazil who first came to Ireland in 2006. She resided in Ireland from 2006 as the dependent of her father who held a work permit in Ireland. Her father naturalised as an Irish citizen in 2012. The applicant’s uncles, aunt and two cousins were also all Irish citizens who resided in Ireland.

The applicant lived in Ireland continuously for 6 years. She then returned to Brazil in 2012 after completing her Leaving Certificate.

The applicant lived in Brazil from 2012 onwards and visited Ireland for a short period in 2017.

She entered Ireland again in October 2018 on a visitor permission and then made an application for an extension of her visitor permission in January of 2019. This was refused and she was asked to make arrangements to leave Ireland on or before the expiration of her visitor permission.

On 24th January 2019, the applicant made an application for naturalisation. This application was made on the basis that she did not meet the ‘reckonable residence’ requirements to have a year’s continuous residence in Ireland immediately prior to applying, with an additional four years of residence in the previous eight years. She therefore made the application under Section 16 of the Act, as a person of Irish associations, for the Minister to grant the application notwithstanding that she did not meet the ‘reckonable residence’ requirements.

The applicant then became pregnant and decided to return to Brazil before receiving a decision on her application. Her solicitors notified the Minister of her intention to return to Brazil and she was then issued with a proposal to deport her. She then returned voluntarily to Brazil in August of 2019.

By letter dated 15th March 2023, the application for naturalisation was refused. The decision letter stated that the application was refused due to a “lack of exceptional and compelling reasons for the applicant not being able to meet the residency condition.” Therefore, the Minister was “not persuaded to grant waiver of this condition under Section 16.”

The decision letter stated that it was accepted that the applicant had strong Irish associations, however this is not sufficient in and of itself to guarantee a waiver of the conditions for naturalisation.

The Applicant challenged this decision by way of Judicial Review proceedings in the High Court.

Mr Justice Heslin held that the Minister has an absolute discretion to grant naturalisation. As Section 16 of the Act refers specifically to the conditions of naturalisation laid out in Section 15 of the Act, Heslin J held that it was not unlawful for the Minister to consider which of the conditions for naturalisation were not complied with, and the reasons why.

It was also noted that the applicant could have applied for naturalisation as a minor once her father had naturalised and had not done so, and that no explanation was provided as to why she did not apply at that time.

Mr Justice Heslin noted that the Act provides that as a matter of policy, a section 16 applicant must have an exceptional and compelling case for a favourable decision. Mr Justice Heslin found that the applicant was asking the Minister to make an exception to grant naturalisation even though she did not meet the conditions set out in Section 15 of the Act regarding residency, and it was therefore rational for the Minister to expect exceptional reasons to be given for why these conditions were not satisfied.

As no exceptional reasons were provided, he held that it was rational that the application was refused. The applicant’s challenge was therefore dismissed.

The full judgement can be found here.

If you or a family member have any queries regarding Citizenship, please do not hesitate to contact us.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

RECENT UPDATES

CITIZENSHIP CEREMONIES DECEMBER 2024

 

More than 6,000 people were granted Irish citizenship in Killarney, Co. Kerry on the 2nd and 3rd of December this year. Seven citizenship ceremonies were held at the INEC in Killarney over the two days, with applicants from over 140 different countries living across Ireland.

In 2024, over 30,000 people received decisions on naturalisation applications. This is the highest number reached in a single year since records began. Ceremonies to mark the occasion of citizenship being granted first began in 2011. In the 13 years since, 197 ceremonies have been held to celebrate the granting of citizenship to people from 180 different countries.

We would like to extend our congratulations to the new Irish citizens, particularly those who are clients of Berkeley Solicitors.

TRAVEL CONFIRMATION NOTICE

Due to backlogs in processing registrations, the ISD has confirmed that Non EEA Nationals in the State who plan to travel abroad over the Christmas period will be permitted to travel on recently expired IRP cards. To avail of this extension, the person must have applied to renew their permission in advance of the expiry date of their IRP card.

Travelling applicants should print this notice and carry it with them, along with their recently expired IRP card, and the email confirming that they have applied to renew their permission. These documents must be presented if requested by airlines and immigration authorities. Please note that this extension is valid from the 2nd of December 2024 to the 31st of January 2025 only.

Further details on this Travel Confirmation Notice can be found here.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

The Department of Enterprise have now announced that the Employment Permits Act 2024 will come into effect from Monday, 2nd September 2024.

The new Act consolidates and updates employment permit law, which had previously been scattered across various Acts. The Act repeals the Employment Permits Act 2003 and the Employment Permits Act 2006, as well as the Employment Permit Regulations 2017. An information note on the key changes is available at https://enterprise.gov.ie/en/publications/publication-files/employment-permits-act-2024-information-note-on-key-changes.pdf.

CHANGES TO THE LABOUR MARKET NEEDS TEST (LMNT)

The criteria requiring employers to place adverts for vacancies in print media (newspapers) has been removed. The requirement to publish an advertisement with the Department of Social Protection Employment Services/EURES employment network for a minimum of 28 days (continuously) continues.

The new LMNT criteria require the applicant to publish the vacancy notice both with the Department of Social Protection JobsIreland/EURES online employment services, and on a second online platform for 28 days also. These online platforms can be any electronic system for the online publication of information that are easily accessible by Irish/EEA citizens including websites, software or any other electronic technology that provides for the online publication of information. Online platforms can include newspaper websites or dedicated employment websites. Any website, software, or electronic technology that provides online publication of information, with the principal purpose being to publish offers of employment, is eligible.

Both notices placed with the Department of Social Protection Employment Services/EURES employment network and on the additional second online platform must contain the following information:

  • a description of the employment
  • the name of the employer
  • the minimum annual remuneration
  • the location/s of employment
  • the hours of work

Our understanding currently, subject to the publication of the new Regulations in this matter, is that applications for employment permits must be made within 90 days from the day in which the Department of Social Protection notice was first published.

SEASONAL EMPLOYMENT PERMITS

The new Seasonal Employment Permit is a short-term employment permit for a non-EEA national to work for a maximum of 7 months per calendar year in a seasonally recurrent employment. The Permit will be first introduced under a limited pilot scheme for horticultural workers later this year, with the intention that it will commence in early 2025. There will be a requirement for employers to become registered as approved seasonal employers and to obtain annual pre-approval. There will be a prescribed minimum number of employees, turnover, and balance sheet total for the previous year for prospective seasonal employers. Seasonal employers will also need to provide accommodation and appropriate health insurance for their seasonal employees.

REVOCATION OF EMPLOYMENT PERMITS

A new provision also requires that a permit holder must commence employment within a period of six months from when the permit is granted or comes into force. This new requirement may have serious consequences for holders of employment permits who are visa-required but who are experiencing significant delays in the employment visa process.

There is no explicit confirmation that the employment permit will be cancelled if not taken up within 6 months, but that seems to be the clear implication from the legislation. The view of our office is that this is quite concerning for visa-required employment permit holders who may be unable to take up their permits within 6 months due to delays.

CHANGING EMPLOYER WITHIN THE SAME TYPE OF ROLE

The new Act allows employment permit holders to change employer by application to the Minister after a period of 9 months on their permit has elapsed (but before 22 months has elapsed) without the need to apply for a new employment permit or conduct a new Labour Market Needs Test. The permit will continue to last only for its initial duration.

Please note that this only applies to General Employment Permit holders seeking to change employers for the same type of role (identified by its 4-digit SOC code), or Critical Skills Employment Permit holders seeking to change employers within the same category of role (identified by its 3-digit SOC code). For example, a meat processing operative holding a General Employment Permit can move to another meat processing role, or an engineer holding a Critical Skills Employment Permit can move to another engineering role.

The following conditions apply to the change of employer process:

  • The maximum number of applications for change of employer that may be granted to a permit holder has been set at three.
  • A new contract of employment signed by both the new employer and employee is required to be submitted.
  • The employee is required to commence employment with the new employer within one month of the new permit being issued. It is important to note that the new employment cannot be commenced until the employment permit has been reissued.
  • A change of employer request form will be available for the new employer and employee to sign and submit through a dedicated email address.

PROMOTION OR INTERNAL TRANSFER IN THE ROLE

Where an employment permit holder has been granted a promotion in the same company, the Act includes a provision to allow for this where a permit holder would use the same skills and the employment remains eligible, without having to apply for a new employment permit. The situation will be assessed on renewal.

CHANGING EMPLOYERS TO ANOTHER TYPE OF ROLE OR A NEW ROLE WITH THE SAME EMPLOYER

The Employment Permits Act 2024 allows employment permit holders to apply for a new employment permit for a new type of role, whether with their current employer or a new employer, after a period of at least nine months.

The legislation provides discretion to grant prior to the nine-month period in cases evidencing a change of circumstances or instances of exploitation.

MINIMUM ANNUAL REMUNERATION

The new Act requires the Minister to carry out a yearly review on average weekly earnings in Ireland to calculate increases in the minimum annual remuneration for employment permits. This is likely to mean increases in the minimum annual remuneration for employment permit holders on an annual basis in line with increases in the average wage in Ireland. Our advice is that employers should start planning in anticipation of the new figures being announced. Please note that these increases will also apply to renewals, where the initial permit may have been applied for on the basis of a lower salary.

If you or your employer have any queries regarding the new employment permit rules, please do not hesitate to contact us.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

IMMIGRATION TO IRELAND HITS 17-YEAR HIGH ACCORDING TO DATA RELEASED BY THE CENTRAL STATISTICS OFFICE

IMMIGRATION TO IRELAND HITS 17-YEAR HIGH ACCORDING TO DATA RELEASED BY THE CENTRAL STATISTICS OFFICE

The Central Statistics Office (CSO) has published data that shows that 149,200 people have immigrated to Ireland in the 12-month period between April 2023 and April 2024. Of these numbers, 30,000 were returning Irish citizens, 27,000 were EU citizens, and 5,400 were UK citizens. 86,800 immigrants were citizens of other countries.

In response, the Taoiseach Simon Harris has said that the government need to do more to prepare Ireland for population growth.

The figures released by the CSO reveal that the number of immigrants entering Ireland during this period was the highest since the period between April 2006 and April 2007.

The population of Ireland is now estimated to be 5.38 million, increasing by 98,700 since 2023.

The CSO also published data showing that more than 69,000 people emigrated in the same period. Of that figure, 34,700 were Irish citizens, 10,600 were EU citizens, and 21,500 were citizens of other countries. An estimated 10,600 people moved from Ireland to Australia; an increase of 126%, which represents the highest level of emigration to Australia since 2013. Just 6,400 people moved from Australia to Ireland. 15,200 people also left Ireland to live in the UK, while 20,500 people moved to Ireland from the UK.

Those aged between 25 and 44 accounted for 48% of all emigrants. According to the CSO, the number of emigrants from countries outside of the EU has risen by 49%, when compared to the 14,400 in 2023, however a significant number of these were Ukrainian.

According to the Irish Times, there were a positive net migration of 79,300 people in the 12-month period. There was also a natural increase of 19,400 people in the State, made up of 54,200 births and 34,800 deaths.

Speaking about the population growth in the State, Taoiseach Simon Harris stated, “there’s no doubt governments, the Government that I lead, will now need to do a better job in terms of forward planning, preparing for population growth, wondering what that means for public services, what that means for investment, what that means for staffing levels.” He also emphasised that “Inward migration is a good thing. We should be very clear about that. What Ireland needs to do is make sure it has the systems in place to properly process people, to provide people who are coming seeking international protection with a ‘yes’ or a ‘no’ more quickly.”

The full Irish Times article can be accessed here:

https://www.irishtimes.com/ireland/2024/08/27/immigration-to-ireland-hits-17-year-high-as-emigration-also-rises/#:~:text=Figures%20for%20year%20to%20April,State%20in%20three%20successive%20years&text=Some%20149%2C200%20people%20immigrated%20to,Central%20Statistics%20Office%20(CSO)

RECENT SUPREME COURT JUDGEMENT REGARDING THE BEST INTERESTS OF CHILDREN IN THE CONTEXT OF DEPORTATION DECISIONS

RECENT SUPREME COURT JUDGEMENT REGARDING THE BEST INTERESTS OF CHILDREN IN THE CONTEXT OF DEPORTATION DECISIONS

The Supreme Court delivered a judgement in the case of A.Z, M.Z and C.Z (a minor) v Minister for Justice and Equality [2024] IESC 35 on 25th July 2024.

The facts of this case surrounded the deportation order of a man who is the father of an Irish citizen child, and is also married to an Irish national. A challenge was brought by the family against the decision of the Minister not to revoke the father’s deportation order. Judge Phelan found in the applicants’ favour in the High Court and the matter was appealed by the Minister for Justice.

The Supreme Court upheld the decision of the High Court.

Several issues arose in the case, one being whether the Minister’s assessment of the father’s immigration application was in line with Article 42A of the Irish Constitution.

Article 42A was inserted into the Constitution in 2015.

Article 42A.1 states as follows:

  1. The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.

 

Sections 2,3 and 4 of the Article are specific provisions as they relate to specific types of proceedings including adoption, custody and access.

Article 42A.1 is a provision of much wider application.

It can be argued that Article 42A.1 recognises and affirms the already pre-existing constitutional rights of children.

Whilst Article 42A.4 is a very specific provision requiring the Minister to legislate for specific types of proceedings, we would say that Article 42A.1 has general application.

Interestingly, in this case, the Minister’s decision in respect of the man’s immigration application contained no reference to Article 42A. In the proceedings, the Minister contended that the Minister had complied with her Constitutional obligations despite no specific reference to the Article being made in the decision.

The Court did not agree with this argument and held that Judge Phelan in the High Court was correct to find that she could not be satisfied, based on careful consideration of the decision, that the rights of the child where properly identified and assessed.

The Supreme Court affirmed the judgment of Judge Phelan which found that following the insertion of Article 42A into the Constitution “effective State protection for the rights of the child now required a greater focus on the child as an individual, separate from the family unit as a whole and not subordinate as part of the family unit. She held that the Supreme Court had found that Article 42A results in some recalibration of the protections which had already been available to children under the other provisions of the Constitution, not least Articles 40, 41 and 42…”

By virtue of Article 42A.1 the Minister is required to identify and assess the individual rights of the child, separate and distinct from the rights of a family as a whole.

It appears to us that the Supreme Court has also held that in the context of deportation decisions, resulting in indefinite separation between a parent and child, the Minister is obliged to consider the best interests of the child as a primary consideration, with each case being decided on its own individual merits. Whilst the Minister must consider the best interests of the child as a primary consideration, there are many considerations the Minister is entitled to have regard to and the requirement that the best interests of the child be a “paramount” consideration is confined to the specific provisions in Article 42A.4.

The full judgements in this case can be accessed below.

https://courts.ie/acc/alfresco/5e689789-56c6-481a-b63b-b74248a1d14b/2024_IESC_35_(Woulfe%20J).pdf/pdf#view=fitH

https://courts.ie/acc/alfresco/0fb290b4-95f9-4e60-b296-8f18398ec7ac/2024_IESC_35_(Collins%20J)_Unapproved.pdf/pdf#view=fitH

DEPARTMENT OF ENTERPRISE ANNOUNCES 150 NEW WORK PERMITS FOR SEA FISHERS

The Department of Enterprise has announced a new quota of 150 employment permits for sea fishers in a bid to address skills shortages in the Irish fishing fleet.

This decision moves the role of sea fisher from the Atypical Working Scheme to the employment permit system. The role of sea fisher in the Irish fishing fleet is now eligible for a General Employment Permit with a minimum salary requirement of €34,000, up to a quota of 150 permits. This move will ensure that non-EEA sea fishers will have access to the same benefits and protections as other non-EEA nationals employed in the State.

For further information, please see the press release published by the Department of Enterprise, Trade, and Employment:

https://enterprise.gov.ie/en/news-and-events/department-news/2024/july/03072024.html

Berkeley Solicitors are available to provide support and assistance to any persons applying for an employment permit.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

UPDATE ON PROCESSING OF VISA APPLICATIONS IN THE EMBASSY OF IRELAND, NEW DELHI, INDIA

The Embassy of Ireland, New Delhi, has announced a number of updates on the processing of visa applications and appeals in a notice dated 18th July 2024.

Firstly, the notice provides that those in the following visa categories will now have their application transferred to the Dublin visa office for processing:

  • Family member of EU/EEA/Swiss cit. (de facto partner);
  • Family member of EU/EEA/Swiss cit. (other);
  • Family member of EU/EEA/Swiss cit. (spouse);
  • Join Family (Irish nat.)(de facto partner);
  • Join Family (de facto partner CSEP/HA) ;
  • Join Family (UK nat.);
  • Minister of Religion; and
  • Volunteer

This means that, for these categories, the Dublin visa office processing times now apply.

The notice provides an update on median processing times for applications processed in the Embassy of Ireland, New Delhi. Notably, the processing time for Join family visas is now listed as 3 calendar months for a first instance decision, and 12 calendar months for an appeal decision. The notice states that the Embassy currently has a backlog of Join family appeals, specifically those involving Category B sponsors in Ireland who failed to meet the criteria set out in the Policy Document on Non-EEA Family Reunification.

The notice additionally states that applications which have not been processed within the median processing times stated on the website are likely delayed for various reasons, such as a delay in biometric information, ineligibility or that the application is awaiting verification.

With regard to Join family visas specifically, delays likely mean that the sponsor has not met the criteria set out in the Policy Document on Non-EEA Family Reunification. The notice states that, in such cases, applications will be reviewed under the exceptional criteria which can take up to a year to be fully assessed.

The full notice can be found here:

Visa Information, times and decisions | Embassy of Ireland, India | Ireland.ie | Ireland – this is Ireland

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

NEW VISA REQUIREMENTS ANNOUNCED FOR NATIONALS OF BOTSWANA AND SOUTH AFRICA

The Department of Justice has announced that nationals of Botswana and South Africa will be required to obtain a visa before travelling to Ireland, effective from Wednesday 10th July 2024. Previously, people travelling from either of these countries to Ireland have not required visas to enter the State.

According to the Department, this decision will bring Ireland into closer alignment with the Schengen area in respect of both of these countries, and in line with the UK in respect of South Africa.

The Dublin Visa Office will establish a dedicated ‘South Africa desk’ to process applications from South African nationals. Additionally, the Department of Foreign Affairs will establish three Visa Application Centres, located throughout South Africa, with visa service provider Global VFS.

Transitional arrangements have been put in place for nationals of Botswana and South Africa who have existing arrangements to travel to the State. South African and Botswanan passport holders who have booked to travel to Ireland before 10th July 2024 and will travel before 10th August 2024 may travel to Ireland provided they are in possession of the following documentation:

  • A valid passport; and
  • Documentary proof from their carrier (and not a Travel Agent) showing the date of purchase of their ticket(s), their name as the passenger, the flight(s) number and date of travel.

This documentation will need to be produced where requested to do so by a carrier or an Immigration Officer.

Any person who has booked to travel to Ireland before 10th July 2024 and is travelling after 9th August 2024 cannot avail of the transitional arrangements. Additionally, any person who books to travel to Ireland after 10th July 2024 cannot avail of the transitional arrangements and will need to have obtained an Irish visa in advance of travel.

The Minister noted that the new requirements for nationals of Botswana and South Africa “are kept under ongoing review, having regard for the need to ensure that effective immigration controls are in place whilst also facilitating those who wish to travel to Ireland for the purposes of a visit, to work, to study, or to join family members”.

The announcement can be found here:

Visa Requirement for nationals of Botswana and South Africa – Immigration Service Delivery (irishimmigration.ie)

Berkeley Solicitors have extensive experience in representing clients through the Irish visa application process. Please contact our office if you would like to arrange a consultation with one of our solicitors.

 

 

 

 

CLIENTS OF BERKELEY SOLICITORS GRANTED LEAVE TO APPEAL TO THE SUPREME COURT

CLIENTS OF BERKELEY SOLICITORS GRANTED LEAVE TO APPEAL TO THE SUPREME COURT

Clients of Berkeley Solicitors have received a positive determination granting leave to appeal to the Supreme Court to challenge the Court of Appeal decision FSH and Others v Minister for Justice [2024] IECA 44.

The case concerns a Somali woman residing in Ireland by way of family reunification under S.18(4) of the Refugee Act 1996.

The applicant subsequently applied for her minor children to join her in the State pursuant to the Policy Document on Non-EEA Family Reunification, and in particular paragraph 1.12 which states as follows:

“While this document sets down guidelines for the processing of cases, it is intended that decision makers will retain the discretion to grant family reunification in cases that on the face of it do not appear to meet the requirements of the policy. This is to allow the system to deal with those rare cases that present an exceptional set of circumstances, normally humanitarian, that would suggest that the appropriate and proportionate decision should be positive.”

The visa applications were refused.

The applicant subsequently challenged the decision to refuse her application by way of Judicial Review proceedings in the High Court. The Court quashed the Minister’s decision to refuse the visa applications for the four minor applicants.

This judgement was subsequently appealed to the Court of Appeal, and the judgement of the High Court was overturned.

The applicant applied for leave to appeal to the Supreme Court for an order quashing the order of the Court of Appeal.

The Supreme Court found that the case does raise matters of general public importance and granted leave to appeal to the Supreme Court. The Supreme Court found as follows:

“The Court is of the opinion that the proposed appeal does raise matters of general public importance relating to the operation of the Minister’s policy on Non-EEA Family Reunification, and in particular, the precise nature of the exceptional circumstances test, how that test is to be applied and the standard of review to be applied when decisions made by the Minister pursuant to the policy are challenged by way of judicial review. These issues may arise in a number of other cases, and it is in the public interest to obtain further clarity, particularly given the conflicting approaches in the High Court and the Court below.”

We are grateful the appeal has been accepted and that a Supreme Court judgement will soon bring clarity to the exceptional circumstances test.