The Court of Appeal has dismissed an appeal by Adnan Safdar against the refusal of a residence card as a permitted family member of his British first cousin, Mr Ahmed. It also dismissed the State’s cross-appeal over Safdar’s standing to bring the judicial review.
The judgment, delivered by Ms Justice Baker on 19 December 2019, leaves in place the High Court’s refusal to quash the Minister’s decision of 3 April 2017. That decision upheld an earlier refusal of Safdar’s application. The appeal did not challenge the High Court’s separate treatment of a proposed deportation.
Safdar, a Pakistani national, said he entered Ireland from the United Kingdom in August 2014 as a dependent and household member of Mr Ahmed. The cousins lived in the same rented accommodation in Ireland. The Minister’s decisions found that the evidence had not established dependence or membership of Mr Ahmed’s household in the United Kingdom, from which they had come.
The Court of Appeal held that Safdar had standing to challenge the refusal in his own name. It said a permitted family member has a right to have an application considered, even though approval is not automatic. Mr Ahmed was not an objectively necessary party to the proceedings. The court noted, however, that a Union citizen’s active support may be important evidence and that the citizen may reasonably need to be joined as a notice party in many such cases. It concluded that the absence of notice to Mr Ahmed made no material difference to this appeal.
The court rejected Safdar’s argument that the 2006 Regulations failed to implement the Citizens Directive because they lacked more detailed definitions or criteria for “dependent” and “household”. It held that the Regulations could use the Directive’s language, provided each application received an extensive examination of the person’s circumstances and any refusal was explained. The court also rejected the claim that the Regulations required a preliminary decision on eligibility before that examination.
On reasons, the court found the Minister’s decision sufficiently detailed and coherent. It identified the concern that most documents related to the cousins’ life in Ireland, rather than their living arrangements in the United Kingdom. The court also noted that the only documentary evidence of direct financial support was payment of a relatively small examination fee in July 2013.
The Court of Appeal declined to refer questions to the Court of Justice of the European Union and dismissed the appeal on all grounds. It did not grant the requested relief quashing the Minister’s decision.