This case examined whether the family reunification provisions contained in section 56 of the International Protection Act were properly applied and whether they are compatible with EU law. The applicants, S.H and A.J., are Syrian and Somalian nationals who were granted international protection in June 2021 and December 2020 respectively. S.H.’s son turned 18 while they were waiting for their interview. A.J.’s son turned 18 on 2 January 2021, however, A.J. did not submit the request for family reunification until 29 January 2021. Both requests for family reunification were refused under section 56 of the International Protection Act 2015.

The Judge presiding over the case noted that Ireland did not have any obligations under EU law to extend family reunification to the applicants’ sons. The judge further noted that while the applicant’s were entitled to a prompt determination, the process had been severely impeded by the COVID-19 pandemic meaning that the International Protection Office could not be held responsible for the delay. However, the Judge concluded that A.J. had not been provided with adequate information on the family reunification procedure in a language they understood when they were granted protection ultimately leading to the late submission of the request for family reunification. The Judge thus determined that the State had breached A.J.’s right under Article 22 of the Qualification Directive and awarded A.J. Francovich damages pending determination by the Minister of the application for review of the refusal of AJ’s claim for family reunification pursuant to the non-statutory scheme for non-EEA family reunification.