Judge dismisses Syrian man’s challenge to reunification refusal for 18-year-old son
The judge separately found there was a breach of a Somali man’s rights as he was not informed in Somali about his rights to family reunification
Mr Justice Cian Ferriter found that the breach of the Somali man's rights was sufficiently serious to qualify for an entitlement to Francovich damages.ByEllen O'RiordanTue Jun 28 2022 - 19:06A High Court judge has dismissed a Syrian man’s challenge to the Minister for Justice’s refusal to allow reunification for his son who turned 18 while the father’s application for international protection was being decided.
Mr Justice Cian Ferriter said the terms of section 56 of the International Protection Act 2015, which require a child of a refugee to be under 18 at the date of a family reunification application, is a matter of policy choice by the legislature and it follows that this section is not in breach of EU law, he said.
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By Ellen O'Riordan Tue Jun 28 2022 - 19:06 A High Court judge has dismissed a Syrian man’s challenge to the Minister for Justice’s refusal to allow reunification for his son who turned 18 while the father’s application for international protection was being decided. Mr Justice Cian Ferriter said the terms of section 56 of the International Protection Act 2015, which require a child of a refugee to be under 18 at the date of a family reunification application, is a matter of policy choice by the legislature and it follows that this section is not in breach of EU law, he said. Joshua Allen of Ballynamona, Shanagarry, Co Cork was back before Cork Circuit Criminal Court to firstly appeal the severity of a two-month term imposed on him by Judge Alex Gabbett at Midleton District Court for possessing €280 worth of cocaine at Pontoon, Midleton on July 10th, 2020. Ireland is not a party to the EU’s Family Reunification Directive, and the European Convention on Human Rights (ECHR) does not provide for a self-standing right to family reunification, the judge went on. Spears married longtime boyfriend Sam Asghari at her home in Thousand Oaks, California on 9 June in front of several dozen guests including Selena Gomez, Drew Barrymore, Paris Hilton and Madonna. Mr Justice Ferriter dealt with two similar judicial review challenges brought by men who sought to reunify sons who had “aged out” while their international protection applications were being decided. State solicitor for south Cork, John Brosnan, said Allen’s conviction for the possession of the €208 worth of cocaine was a triggering offence for the activation of the 15-month suspended sentence for the cannabis offence as it happened within the period for which that sentence was suspended. The first applicant sought international protection when he arrived in Ireland in February 2020 on the basis he could not return to his native Syria for fear of persecution by the regime and militias as a Sunni Muslim. In Republican-led Texas, where a ban on abortions after six weeks of pregnancy went into effect last year, a judge in Harris County will hear arguments tomorrow on whether to block officials from enforcing pre-Roe v Wade abortion prohibitions.
At this point his two sons, who remained in Syria with his wife and daughter, were aged 16 and 18. He produced a letter which he read to the court from Allen’s grandmother, celebrity chef Darina Allen, in which she told how she believed her grandson had learned some vital lessons and was determined to turn his life around and away from abusing alcohol and drugs. #Open journalism No news is bad news Support The Journal Your contributions will help us continue to deliver the stories that are important to you Support us now The ex-guard said Alexander had also tried to enter the property in the days before the wedding. His younger son turned 18 about a month before the man was granted refugee status on June 9th, 2021. The man applied for family reunification for his wife, daughter and two sons on July 7th. In late 2020, he discovered boxing and mixed martial arts, for which, according to his local trainer, he has a natural talent. Two days later the Minister for Justice refused the application in respect of the man’s two sons. The other applicant, a Somali man, was granted refugee status in November 2020 and applied for family reunification for wife and children in January 2021, about four weeks after his son had turned 18. “Josh knows that he has made many mistakes and he has told me that he realises all his troubles have been caused by the misuse of drugs and alcohol – he has disassociated himself from his former contacts and is determined to turn his life around." His Republican counterparts in Kentucky and Mississippi, Daniel Cameron and Lynn Fynch, did not respond to requests for comment, nor did Mr Paxton.
The application for his son was refused. In their separate judicial review challenges, the men maintained that there had been a delay in processing his international protection application, which led to his son “aging out” by the time he was in a position to pursue family reunification. “He has told me how much he regrets his actions and with the benefit of hindsight, he is acutely aware of the folly of his ways, and he tells me is determined to continue on the path that he is now on,” said Ms Allen in the letter read out to the court. The judge found that the impact of the Covid-19 pandemic on the international protection process was a valid reason for the delay. However, he said there was “considerable force” to the contention by the Somali man’s counsel that it is unfair for the entire consequences of that delay to be borne by him. Det Garda Aidan Dardis said Allen had not come to Garda attention since his most recent offence, and he was no longer on their radar for drugs offence though he was potentially facing drug driving charges after being stopped in Dungarvan, Co Waterford in May 2022. Mr Justice Ferriter said it was his view that the delay “must be a relevant factor” in the Minister’s exercising of her discretion in reviewing her decision not to grant a visa to the man’s son under a different scheme.
Similarly, “appropriate weight” should be given to the delay experienced by the Syrian man when considering his pending application for his son under that other scheme, said the judge. Judge Berkeley said Allen was entitled to a presumption of innocence in relation to that matter but what did concern her was the conviction for possession of cocaine as it came within just weeks of his release from prison after serving 15 months with remission on the supplying cannabis charge. The Somali man had an additional ground of challenge concerning an alleged failure by the State to transpose the provisions of Article 22 of the Qualification Directive. The article relates to providing people who have been granted protection status with access to information about the rights and obligations relating to that status. Mr O’Sullivan again stressed that his client had been very immature when he committed both offences, but he had gained a new maturity in the past nine months or so and now with a focus in his life thanks to his interest in MMA, he had turned a corner as his grandmother had indicated. This should be given as soon as possible in a language likely to be understood by them. The man complained he had not been informed at the time he was granted refugee status that he would need to apply for family reunification for his child before that child turned 18. Latest Stories.
For this the man sought “Francovich” damages, which can be awarded against a State that breaches EU law. The judge found there was a breach of the man’s Article 22 rights as he was not informed in Somali about his rights to family reunification under section 56. The breach was sufficiently serious to qualify for an entitlement to Francovich damages, he said. There was a “clear causal link” between this rights breach and the man’s failure to apply for family reunification for his son prior to him turning 18, the judge said. Mr Justice Ferriter adjourned for further consideration the claim for damages pending determination by the Minister of a review of the man’s claim for family re-unification for his son under the alternative visa scheme.
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