aya101 wrote:I have an injuried relative from the conflict in libya.I was wondering is it possible to send an application to get them to come here to get treatment as I have heard that they dont accept libyans applying for visa to come to libya
It depends on your own legal status in Ireland. For example, if you were a declared refugee or EU citizen or family member of an EU citizen (the EU citizen is actually exercising your EU rights) you would have automatic right to be joined or accompanied by your children and spouse. In case of other relatives, in both cases, you would need to show that they have been dependent on you ie finacially.
In other cases, there is no actually right to family reunification. One of the most recent cases is Moylan v MJELR 2009 (which involved Irish Citizens who were welll off, being refused to get chinese mother over here an a more permanent basis) There are a number of other cases that adopted a similar view involving non eu citizens, even those who are parents of minor Irish citizen children. Been able to have sufficient financial resources etc would definitely assist, but no guarantee.
Would the person consider applying in a safe country for a declaration of refugee status? Being injured is not enough of course, and that person might not be able to show persecution per se (surprisingly) but could avail of subsidiary protection (assuming that the war is still on going when a decision is made)
ECtHR is cases like D v UK (i forget the year) and Irish cases like Agbonlaheour (bad spelling) show that medical conditions on basis of health might not be enough to prevent deportation orders after considering Article 3 of ECHR. (thank is a very brief description, there is more to it)
You should talk to a lawyer or two, who will be honest with your chances.
