Decisions like this are common with generic reasons provided for decision. 'Appeal' is to a more senior officer of same office that took original decision, so no independence or real accountability. Often good grounds for JR but costs & time factor mean many don't seek remedy.
Over many years of legal practice, I've seen so many decisions that should be set aside on grounds of error of fact and/or law/policy. Decisions are often refused n grounds of 'IF-insufficient finances', despite fact sponsor has submitted evidence they meet requirements.
Visa processing times (delay of plus 12-24 months) are also a massive problem for applicants, esp if the purpose of the application is to provide temporary care to a family member or their children during planned surgery/post-op. The decision is just too late in the end.
On delay, this is often an issue before the Irish High court and which the applicants are winning or cases settle in their favour. But there is no change in practice and the Minister fights successful cases.
I've had decisions set aside where applicant accused of fraud (allegedly submitting fake documents) in the process, denied right of appeal & banned from applying for five years. No fraud, human error on part of visa officer attaching another applicant's documents to the file.
Another ground for refusal is 'insufficient documents' despite applicant providing e'thing & more as requested. Visa decision never specifies what documents may have been needed to enable this to be dealt with on 'appeal' easily. Should one really have to appeal?
The Minister is empowered to waive normal criteria, such as finances, in exceptional or humanitarian cases. While this is sometimes done, in other cases despite a direct request, the visa officer provides no explanation as to why waiver request not even considered.
In such cases, more recently, clients if eligible have then applied under the very welcome IHAP programme. Despite the particularly urgent & compelling nature of some applications, as set out in the first visa application, applicants are now waiting 5 months for a decision.
Could go on... Suffice to say, issues are systemic & cause massive distress to families. V costly & resource intensive for applicants & State. Proper 1st instance consideration preferable but failing that, indep.appeal rather than High Ct might assist p.28:lawsociety.ie/globalassets/d…
