Judge dismisses Syrian man’s challenge to reunification refusal for 18-year-old son

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.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 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. The man applied for family reunification for his wife, daughter and two sons on July 7th. Two days later the Minister for Justice refused the application in respect of the man’s two sons.

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.

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. For this the man sought “Francovich” damages, which can be awarded against a State that breaches EU law.

NGOs 23211 to 29555 will be battling it out between them in the outrage stakes.

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