Refugees allowed to contest refusal to let relatives join them

TWO SOMALI nationals who have been granted refugee status here have secured leave from the High Court to challenge the Minister for Justice’s refusal to allow them to bring their families to Ireland.

The plaintiffs and their families want the court to quash the Minister’s refusal of their application for family reunification under section 18 of the 1996 Refugee Act.

They are also seeking the Minister to reconsider as a matter of urgency the matter in a manner that is lawful and fair.

They are further seeking declarations, including that the manner in which their applications was refused was unlawful and that the failure to provide an independent appeal mechanism is in breach of the European Convention on Human Rights.

The court was told that the applicants’ family members, including spouses, brothers, children and parents, were in Ethiopia.

Mr Justice John Edwards said yesterday that time was of the essence and the cases should be given priority. He recommended both cases should be heard together and by the same judge.

Barrister Michael Lynn said while the applicants were two different families, their applications were almost identical. In both cases, applications to reunify their respective families were made to the department after the two Somalis were granted refugee status.

After more than two years, the department wrote back to his clients refusing the applications.

Mr Lynn said the reason for the refusal was the two Somalis “had shown insufficient documentary evidence of their relationship” with their families.

His clients were arguing the refusal was unlawful and in breach of their rights to fair procedures for reasons including that they they were given no notice additional documentary evidence was required. They could not get documents in Somalia because of the breakdown of the State apparatus there, he said.

Mr Lynn said his side was also informed that there is no appeal mechanism against the refusal. They had appealed for a reconsideration of the case but there had been no substantive reply from the Minister.

Source: Irish Times