In this case, a national of Zimbabwe applied for family reunification on behalf of her three children after receiving international protection in Ireland. The central issue that arose was that when the applicant applied for international protection, all her three children were under the age of eighteen. However, when the applicant had been granted international protection and applied for family reunification on behalf of her children, her oldest daughter had turned eighteen and was therefore not eligible for family reunification. 

The applicant filed an appeal with the High Court, arguing that the provisions of the Immigration Act, specifically section s.56, which permits an applicant to apply for family reunification, are incompatible with EU law and the right to equal treatment guaranteed by the Constitution. This is because the ability of an individual who has been declared a refugee to obtain family reunification for children under the age of eighteen is contingent upon the time it takes for their application for international protection to be processed. According to the applicant, the current situation lacks legal certainty and violates EU law, the European Constitution, and the European Convention on Human Rights. 

Mr. Justice Barr of the High Court ruled that: “In conclusion, in my view, Article 18 of the Charter does not create a right to family reunification. There is no EU law right to family reunification from the date of a refugee's application for international protection which applies in Ireland. The provisions of the Qualification Directive as regards family reunification do not avail the applicants. The provisions of the Family Reunification Directive, as interpreted by the CJEU, cannot be availed of by the applicants as that directive is not applicable in this State. The matter is governed by Irish law and, specifically, the provisions of s.56. The terms of s.56 are a matter of policy choice by the legislature. It follows that s.56(9)(d) is not in breach of EU law.”