F.B. v Minister for Justice & Equality

This is the second set of proceedings between the applicant and the Minister about this family reunification application. In F.B. v Minister for Justice and Equality [2014] IEHC 427 (Unreported, High Court, 5th September, 2014) McDermott J quashed an earlier decision by the Minister, dated 4 April 2013, to refuse the permission sought.

The applicant's statement of grounds is dated 3 October 2017 and was filed on the same day. It is accompanied by a short verifying affidavit of the applicant, sworn on 2 October 2017 but is grounded on an affidavit sworn by the applicant's solicitor on 29 September 2017.

By order made on 9 October 2017, Humphreys J granted leave to the applicant to seek orders of certiorari separately quashing the Minister's decision in respect of each child. The appropriate notice of motion then issued on 17 November 2017, returnable for 27 November 2017. The Minister filed a statement of opposition on 22 January 2018. It is supported by an affidavit of verification sworn on 19 January 2018 by Declan Crowe, an assistant principal in the Minister's Department. The proceedings came on for hearing before me on 11 May 2018.

E.L. was refused permission to enter and reside in the State because the Minister is not satisfied that it is in that child's best interests to do so. E.S. was refused that permission because the Minister is not satisfied that she is a member of the family of the applicant.

The Minister denies each of the grounds on which the applicant asserts that the decision is invalid but also pleads that the applicant had demonstrated a clear lack of candour that would, in any event, disentitle her to any relief on two specified grounds that will shortly become evident.