International Protection Act 2015

57.

Permission to reside for member of family of qualified person

57.      (1) A qualified person (in this section referred to as the “sponsor”) may, subject to subsection (7), make an application to the Minister for permission to reside in the State to be given to a member of the family of the sponsor who, on the date of the application, is in the State (whether lawfully or unlawfully) and who does not himself or herself qualify for international protection.

(2) The Minister shall investigate, or cause to be investigated, an application under subsection (1) to determine—

(a) the identity of the person who is the subject of the application,

(b) the relationship between the sponsor and the person who is the subject of the application, and

(c) the domestic circumstances of the person who is the subject of the application.

(3) It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation under subsection (2), including by providing all information in his or her possession, control or procurement relevant to the application.

(4) Subject to subsection (6), if the Minister is satisfied that the person who is the subject of an application under this section is a member of the family of the sponsor, the Minister shall give permission in writing to the person to reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified in section 53 in relation to a qualified person.

(5) A permission given under subsection (4) to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or civil partnership concerned ceases to subsist.

(6) The Minister may refuse to give permission to reside in the State to a person referred to in subsection (4) or, as the case may be, revoke any permission given to such a person—

(a) in the interest of national security or public policy (“ ordre public”),

(b) where the person would be or is excluded from being a refugee in accordance with section 10 ,

(c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with section 12 ,

(d) where the entitlement of the sponsor to remain in the State ceases, or

(e) where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.

(7) An application under subsection (1) shall be made within 12 months of the giving under section 47 of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.