The High Court has refused an Irish citizen’s judicial review challenge to the Minister for Justice’s decision to uphold the refusal of a long-stay visa for her niece, who was then living in Ukraine.
Mr Justice David Keane delivered the judgment on 16 August 2019. The case concerned a decision made on 25 October 2017. The applicant, the niece’s aunt and sponsor, had sought permission for her to enter and live in Ireland. The niece was 17 when the judicial review hearing took place and turned 18 in October 2018.
The aunt’s application relied on her Ukrainian adoption of the niece and, alternatively, their relationship as aunt and niece. The judgment records that the Adoption Authority of Ireland did not recognise the Ukrainian adoption under Irish law. The Minister’s review decision concluded that the niece did not meet the family reunification policy’s criteria, including its requirements concerning dependency, and that no special circumstances justified an exception.
The aunt argued that the review failed to give proper weight to family rights under the Irish Constitution and the European Convention on Human Rights, made errors of law or fact, failed to consider the niece’s best interests, and was disproportionate. The court rejected those challenges. It said the Minister had considered the relationship and the material submitted, including the aunt’s visits to Ukraine, financial support for the niece’s care, communications with her and a visit to Ireland by the niece and grandmother.
The judge found no basis to conclude that the Minister had overlooked the relationship or applied the wrong test to the family-life assessment. He also rejected the claim that the review treated the application solely as one based on adoption rather than the niece’s status as an extended family member. The decision document had assessed whether she qualified to join her aunt in that capacity.
On the child’s best interests, the judgment noted that the review expressly identified them as a key consideration and discussed the niece’s life in Ukraine, her links there and the effect a move could have on her sibling. The judge concluded that the Minister had applied the correct test in substance.
The court said the aunt had not shown that the decision was disproportionate. It also noted that, by the time of the hearing, the niece’s age and the time needed for an Irish adoption process made it unrealistic for an adoption order to be made before she turned 18. The judicial review application was refused. The court did not grant an order quashing the visa decision.