The High Court has upheld the refusal of EU Treaty Rights visas for the four children of Shamas Khan, a naturalised British citizen living in Ireland.
Khan, who was born in Pakistan, moved to Ireland in September 2020. His four children from his first marriage remained in Pakistan. The visa applications at issue were made in April 2022 and refused that August. Appeals were then rejected on 28 February 2023.
The Minister’s concerns centred on whether Khan had continued to exercise EU free movement rights in Ireland through employment and residence. The appeals officer noted that payslips showed zero hours and zero pay between late May and September 2022. Department of Social Protection information also indicated that his employment had ended in September 2022 and that there had been no earnings since May.
There were also concerns about residence. Different monthly rent figures had been supplied, while no rent receipts or banking evidence showing rent payments were provided. The documents connecting Khan to the address were largely from March and April 2022.
Khan argued that the Minister should have contacted his employer and landlord to clarify matters and should have issued a further fair-procedures letter. He also relied on the fact that his wife had successfully obtained a visa on appeal in September 2021.
Mr Justice O’Donnell rejected those arguments. The court held that the visa process was not a joint exercise in which the Minister had to help an applicant assemble a successful case. Khan had legal representation, knew what concerns had been raised and had the opportunity to provide supporting evidence.
The court also found that the earlier visa granted to his wife did not make the later refusals irrational. The applications were decided at different times, and Khan’s employment and residence circumstances had changed.
The judicial review application was refused. The ruling does not prevent fresh applications supported by different or additional evidence.