The High Court has held that Legislation does not require that a sponsor in a family reunification application must be the natural parent of a child
The High Court recently granted judicial review of a decision refusing an application for family reunification in the case of X v The Minister for Justice and Equality (2019) IEHC 284, on the grounds that the Minister for Justice erred in making the decision on the basis that the legislation requires that a sponsor be the natural parent of a child.
Therefore if making an application for your child to join you in Ireland, this case established that is it not a requirement in the legislation that the Sponsor is the birth parent / natural parent of the child.
The High Court held that a person was not entitled to long term residence where she entered the State on a short stay visa
The High Court refused a judicial review application of a Chinese national a long stay visa, on the grounds that she entered the State on a short stay visa, and this type of visa is not a route to long term residence. She overstayed her 90-day short stay visa and then applied for a variation of her immigration permission under S. 4 (7) of the Immigration Act 2004. The High Court held that She did not seek a visa that would entitle her to long term residence and the High Court also held that A 90 can is not intended to be a route to obtaining long term residence – Chen v The Minister for Justice (2019) IEHC 310
