H.A v The Minister for Justice (Approved)

Donnelly J.���������������������������������������������������������������������������� Neutral Citation No: [2022] IECA 166

                  Under the 2015 Act, there is no right of review; however, it seems that the Minister has been prepared on other occasions to enter into a review of a decision.� On this occasion the Minister did not acknowledge or respond to the letter of the 11 th October, 2002, nor did she respond to a further letter of the 12 th November, 2020 asking for an update on the review application.

              Ferriter J. held that the Declaration of Responsibility was a core part of the grounds for family reunification advanced by the respondent and was therefore a material consideration to which regard should have been had.� He held that the decision-maker had erred by not referencing or engaging with the Declaration of Responsibility.� There was no evidence that it had been considered.

              The trial judge did not err in that regard.

              The trial judge was therefore correct in holding that the Declaration of Responsibility was therefore a relevant and material matter, and in failing to consider it, the decision-maker fell into error.