Friday, November 28, 2014

FAMILY REUNIFICATION FOR REFUGEES – SUPREME COURT JUDGMENT IN AMXS V MINISTER FOR JUSTICE

The Supreme Court delivered a judgment on the 20th November 2014 which gives some clarification to the Minister’s decision-making process in respect of family reunification applications for refugees pursuant to Section 18 of the Refugee Act 1996. The case concerns a very typical scenario of our clients whereby the refugee applicant has a strong dependency/support relationship with his family members, but he or she may be not be in position to financially support them on their arrival in the State. Often the refugee applicant is still a student themselves.

The facts of the case

In May 2009, the Somali national applied to the Minister for family reunification in respect of his dependent mother and siblings. The Minister’s decision to refuse the application was challenged by way of High Court Judicial Review proceedings and quashed by Mr Justice Cross in February 2012. The Minister was then required to carry out a re-consideration of the application and further evidence of the family members’ ongoing dependency on the applicant was submitted. 

The Minister refused the applications for the second time in July 2012, finding that the family members were dependent but refusing the application on financial grounds, i.e. that they posed a risk of financial burden to the State if the application was granted. The decisions in respect of the Applicant’s mother and minor sibling were challenged before the High Court for the second time. The Applicant was successful before the High Court and the Minister then appealed the High Court’s decision to the Supreme Court.

The findings of the Supreme Court

The Supreme Court found that the Minister is entitled in a general sense to refuse family reunification applications under Section 18(4) on the basis of financial grounds, i.e. in cases where the applicant is not in a position to support the family members if they come to Ireland. This differed from the High Court’s finding that that the Minister could never refuse an application under Section 18 solely on the basis that the family members may be reliant on social welfare in the State. 

However, the Supreme Court emphasized that while the Minister could refuse an application on financial grounds, the Minister must properly apply the principle of proportionality to the case. 

Mr Justice Frank Clarke stated as follows;

“The obvious inference to draw is that the absence of financial support is to be an exclusionary factor in respect of general applications but is only to be a factor to be taken into account amongst others in the case of those to whom the family reunification provisions apply”

The Supreme Court emphasized that significant weight must be given to the fact that the Oireachtas has chosen to confer a special entry status on dependent members of the extended family of a refugee. 

“In that context, it is difficult to see, without more, the mere fact that there may be some limited cost to the State could be decisive.”

The Supreme Court then carried out a balancing exercise between the family rights of the applicant against the exposure to risks for the State. In this regard, it was stated as follows;

“in the absence of any specific factors in relation to these applicants, it is difficult to see how the weight to be attached, in the context of family reunification, to the general right of the State to control immigration, could outweigh the factors which favour family reunification in this case”.

It was confirmed that the courts should only interfere with the Minister’s exercise of his discretion when the Minister is clearly wrong, and in this case, Mr Justice Clarke confirmed “I am satisfied that the Minister’s balancing exercise is clearly wrong”.

It was therefore held the High Court was correct in finding the Minster’s decision was disproportionate and should be quashed. 


Karen Berkeley

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    4. Age: One Year, One Day
    5. Leasing Price: 4+ 1%
    6. Sale Price: 32+2%
    7. Delivery by SWIFT .
    8. Payment: MT103-23
    9. Hard Copy: Bonded Courier within 7 banking days.
    If you have need for Corporate loans, International project funding, etc. or if you have a client that requires funding for his project or business, We are also affiliated with lenders who specialize on funding against financial instruments, such as BG, SBLC, POF or MTN, we fund 100% of the face value of the financial instrument.
    Inquiries from agents/ brokers/ intermediaries are also welcomed; do get back to us if you are interested in any of our services and for quality service.
    Name : Abban Kangan
    E-mail : abbankangan@gmail.com
    Skype id :abbankangan@gmail.com

    ReplyDelete
  26. We Offers Financial Consulting To Client, Companies Seeking Debt / Loan Financing And Seeking For Working Capital To Start A New Business Or To Expand Existing Business. Interested Parties Should Contact Us For More Information Through Via E-mail: SuiteCapitals@gmail.com ( SuiteCapitals@post.com )

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  27. We Offers Financial Consulting To Client, Companies Seeking Debt / Loan Financing And Seeking For Working Capital To Start A New Business Or To Expand Existing Business. Interested Parties Should Contact Us For More Information Through Via E-mail: SuiteCapitals@gmail.com ( SuiteCapitals@post.com )

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  29. Do You Need A Loan To Consolidate Your Debt At 1.0%? Or A Personal Loans * Business Loans etc. Interested Parties Should Contact Us For More Information Through Via E-mail: SuiteCapitals@gmail.com ( SuiteCapitals@post.com )

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  30. We Offers Financial Consulting To Client, Companies Seeking Debt / Loan Financing And Seeking For Working Capital To Start A New Business Or To Expand Existing Business. Interested Parties Should Contact Us For More Information Through Via E-mail: SuiteCapitals@gmail.com ( SuiteCapitals@post.com )

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  31. For more info;
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  32. DO YOU THINK OF GETTING A LOAN??
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  33. DO YOU THINK OF GETTING A LOAN??
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  34. We offer the following types of loans:
    Loan against Property
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    kindly contact us our email at:abdullahonlinefinance@gmail.com

    ReplyDelete
  35. Are you an individual businessman or a business organisation that wishes to expand in business ??, we offer financial instrument such as BGs, SBLCs,MTNs, LCs, CDs and others on lease and sales at a rate of 4%+2% of the face value and reasonable conditionfrom a genuine provider. You are at liberty to engage our leased facilities into trade programs as well as in signatory project(s) such as Aviation, Agriculture, Petroleum, Telecommunication and any other project(s) etc.

    Contact : Mr. Abel Chadwick
    Contact Email: abelbroker9000@gmail.com
    Whatsapp : +380 50 922 4887

    With our financial/bank instrument you can establish line of credit with your bank and/or secure loan for your projects in which our bank instrument will serve collateral in your bank to fund your project.

    We deliver with time and precision as set forth in the agreement. Our terms and Conditions are reasonable and we work directly with issuing bank lease providers, this instrument can be monetized on your behalf for upto 100% funding. Intermediaries/Consultants/Brokers are welcome to bring their clients and are 100% protected. In complete confidence, we will work together for the benefits of all parties involved.

    All relevant business information will be provided upon request.

    BROKERS ARE WELCOME & 100% PROTECTED!!!

    If Interested kindly contact me via

    Email:~ abelbroker9000@gmail.com

    serious enquiry only.

    ReplyDelete
  36. Dear Sir,

    Thanks for contacting for your financial services as we can only work with the below procedure.

    TRANSACTION DESCRIPTION:

    1. Instrument: Bank Guarantee (BG) or Standby Letter of Credit (SBLC)

    2. Total Face Value: Please inform us

    3. Issuing Bank: HSBC Bank London

    4. Age: 1 year 1 day

    5. Selling Fee: 32 + 2 Leasing Fee: 4 + 2

    6. Delivery: Bank to Bank Swift MT799 and/or MT760

    7. Payment: MT103

    8. Hard Copy: By Bank Bonded Courier within 7 banking days after delivery of Swift.

    TRANSACTION PROCEDURE:

    1. Lessor and Lessee execute, sign and initial this Deed of Agreement, which thereby automatically becomes a full commercial recourse contract to be lodged by both parties for initiation of Swift Transmission.


    2. Within one (1) banking day issuing bank officer sends RWA VIA BSMS ( Bank Secure Mailing System } to receiving bank officer as notification to expect SWIFT MT760 delivery to buyers bank cordinates


    3. Within three (3) banking days after both parties sign the Agreement, Lessor will issue a Notarised signed and sealed Corporate Refund Recourse Undertaking duly endorsed by the Lessors legal Department to the Lessee guarantying to refund to the Lessee all cost incurred by Lessee as the transmission/administrative charges for the transmission of Pre-Advice via Swift MT799 or BG/SBLC via Swift MT760 or both after due execution of the contract and in case of failure on the Lessor’s side the Notarised signed and sealed Corporate Refund Recourse Undertaking guarantees that the Lessor refunds completely the transmission/administrative fees in addition to the penalty for failure of performance being 1% of the total face value of BG/SBLC.



    4. Within three (3) working days after the Lessee receives contract documents including the invoice, refund undertaking and RWA from the Lessor, the Lessee will make payment by direct wire transfer to provider bank coordinate for the transmission/administrative charges for the Pre-Advice via Swift MT799 or BG/SBLC via Swift MT760 or both as the case maybe in the amount of EUR/USD XXXX


    5. Within two (2) banking days after confirmation of receipt of payment of the bank transmission/administrative fees charges for the BG/SBLC via Swift MT760 or Pre-Advice via Swift MT799 or both in ISSUING BANK CORDINATES provided by the issuing bank officer, the Lessor will deliver the Pre-Advice or BG/SBLC via Bank to Bank confirmation of Swift MT799 or MT760 to the Lessee’s banker including the hard copy of the BG/SBLC via bank bonded courier in Seven (7) banking days.


    6. Lessee sends out leasing fees by Swift MT103 to the Lessor deducting the initially paid bank transmission/administrative fees and the brokers their commission fees 4+2 % of total Face Value by wire transfer within thirty (30) days upon delivery, confirmation and verification of BG/SBLC by MT760 in the Lessee’s nominated account and BG/SBLC hard copy in the Lessee’s nominated bank.


    7. Should the Lessee not deduct the bank transmission/administrative charges from leasing fees paid, the Lessor shall refund bank charges to Lessee by direct wire transfer within three (3) banking days upon payment of the leasing fees.


    Should the Lessee default to pay the leasing fees to the Lessor and the brokers commission fees as agreed after 30 banking days of confirmation of BG/SBLC MT760 in lessee's bank account, Lessor will instruct the issuing bank to put a claim on the BG/SBLC thereby forcing the Lessee's bankers to return the BG/SBLC MT760 to the issuing Bank.

    Thank You

    ReplyDelete
  37. Dear Sir,

    Thanks for contacting for your financial services as we can only work with the below procedure.

    TRANSACTION DESCRIPTION:

    1. Instrument: Bank Guarantee (BG) or Standby Letter of Credit (SBLC)

    2. Total Face Value: Please inform us

    3. Issuing Bank: HSBC Bank London

    4. Age: 1 year 1 day

    5. Selling Fee: 32 + 2 Leasing Fee: 4 + 2

    6. Delivery: Bank to Bank Swift MT799 and/or MT760

    7. Payment: MT103

    8. Hard Copy: By Bank Bonded Courier within 7 banking days after delivery of Swift.

    TRANSACTION PROCEDURE:

    1. Lessor and Lessee execute, sign and initial this Deed of Agreement, which thereby automatically becomes a full commercial recourse contract to be lodged by both parties for initiation of Swift Transmission.


    2. Within one (1) banking day issuing bank officer sends RWA VIA BSMS ( Bank Secure Mailing System } to receiving bank officer as notification to expect SWIFT MT760 delivery to buyers bank cordinates


    3. Within three (3) banking days after both parties sign the Agreement, Lessor will issue a Notarised signed and sealed Corporate Refund Recourse Undertaking duly endorsed by the Lessors legal Department to the Lessee guarantying to refund to the Lessee all cost incurred by Lessee as the transmission/administrative charges for the transmission of Pre-Advice via Swift MT799 or BG/SBLC via Swift MT760 or both after due execution of the contract and in case of failure on the Lessor’s side the Notarised signed and sealed Corporate Refund Recourse Undertaking guarantees that the Lessor refunds completely the transmission/administrative fees in addition to the penalty for failure of performance being 1% of the total face value of BG/SBLC.



    4. Within three (3) working days after the Lessee receives contract documents including the invoice, refund undertaking and RWA from the Lessor, the Lessee will make payment by direct wire transfer to provider bank coordinate for the transmission/administrative charges for the Pre-Advice via Swift MT799 or BG/SBLC via Swift MT760 or both as the case maybe in the amount of EUR/USD XXXX


    5. Within two (2) banking days after confirmation of receipt of payment of the bank transmission/administrative fees charges for the BG/SBLC via Swift MT760 or Pre-Advice via Swift MT799 or both in ISSUING BANK CORDINATES provided by the issuing bank officer, the Lessor will deliver the Pre-Advice or BG/SBLC via Bank to Bank confirmation of Swift MT799 or MT760 to the Lessee’s banker including the hard copy of the BG/SBLC via bank bonded courier in Seven (7) banking days.


    6. Lessee sends out leasing fees by Swift MT103 to the Lessor deducting the initially paid bank transmission/administrative fees and the brokers their commission fees 4+2 % of total Face Value by wire transfer within thirty (30) days upon delivery, confirmation and verification of BG/SBLC by MT760 in the Lessee’s nominated account and BG/SBLC hard copy in the Lessee’s nominated bank.


    7. Should the Lessee not deduct the bank transmission/administrative charges from leasing fees paid, the Lessor shall refund bank charges to Lessee by direct wire transfer within three (3) banking days upon payment of the leasing fees.


    Should the Lessee default to pay the leasing fees to the Lessor and the brokers commission fees as agreed after 30 banking days of confirmation of BG/SBLC MT760 in lessee's bank account, Lessor will instruct the issuing bank to put a claim on the BG/SBLC thereby forcing the Lessee's bankers to return the BG/SBLC MT760 to the issuing Bank.

    Thank You

    ReplyDelete
  38. GENUINE BANK GUARANTEE (BG) AND STANDBY LETTER OF CREDIT (SBLC) FOR LEASE AT THE LOWEST RATES AVAILABLE. OTHER FINANCIAL INSTRUMENTS SUCH AS MTN, CD, DLC, PB ARE ALSO AVAILABLE.

    I am direct to a provider who has recently issued banking instruments for a couple of my clients the provider is 100% check-able you can do your due diligence on them. I personally know the provider.

    Our instruments are only from triple 'a' rated banks and we issue from $1M to $5B . The provider is 100% verifiable. If you are genuinely seeking bank instruments. Contact me and i will furnish you with details.

    They deal with issuing of instruments such as Bank Guarantee and Standby letters of credit also Letters of credit. I only want serious buyers then i will put you in touch with the provider directly.

    - Bank Guarantee (BG)
    - Standby Letter of Credit (SBLC)
    - Direct Line of Credit (DLC)
    - Medium Term Note (MTN)
    - Letter of Credit (LC)
    I will be glad to share with you our working procedures.
    Contact : Robert Bouffad
    Email: Lendingtreemoney@gmail.com
    Whatsapp: +447586540601
    Postal address
    Swiss National Bank
    Börsenstrasse 15
    P. O. Box
    CH-8022 Zurich
    BROKERS ARE WELCOME & 100% PROTECTED!!!

    ReplyDelete
  39. TESTIMONY ON HOW I GOT MY LOAN FROM A FINANCE COMPANY LAST WEEK Email for immediate response: drbenjaminfinance@gmail.com

    {Dr.Benjamin Scarlet Owen} can also help you with a legit loan offer. He Has also helped some other colleagues of mine. If you need a genuine loan without cost/stress he his the right loan lender to wipe away your financial problems and crisis today. BENJAMIN LOAN FINANCE holds all of the information about how to obtain money quickly and painlessly via WhatsApp +19292227023 Email drbenjaminfinance@gmail.com

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