Tuesday 19 February 2019

Iraqi man, married to an EU national, tells High Court their lives would be devastated if the State deports him

The High Court in Dublin (Stock image)
The High Court in Dublin (Stock image)

Rayu Managh

An Iraqi, who has been happily married to an EU national woman for the past seven years, told the High Court Wednesday their lives would be devastated if the State proceeded to deport him.

Mr Justice Robert Haughton heard that the man’s wife had made it clear that in the event of her husband’s deportation she had no intention of following him to Iraq because of security reasons.

In November last the Minister for Justice and Equality issued a deportation order against the man, who cannot be identified for legal reasons, over an issue concerning the validity of his passport. He has resided in Ireland based on his marriage.

Barrister Paul O’Shea, who appeared with Brian Burns, of Burns, Kelly Corrigan solicitors, told the court the husband was challenging the deportation order on grounds that his proposed removal from the State amounted to a disproportionate interference in the couple’s rights.

Mr O’Shea said the man claimed it would be "unduly harsh and unlawful" if he is returned to his native Iraq and alleges the deportation is invalid.

The man claimed his deportation amounted to a breach of his family rights and his right to free movement under EU law and rights he derived as the EU national’s spouse. He was granted, on an ex parte basis, a temporary injunction restraining his proposed removal from the State and leave to challenge and seek the quashing of the Minister’s order.

Mr O’Shea told Judge Haughton that the man came to Ireland 10 years ago. His application for asylum failed but he had been but he had been granted residency following his marriage to his EU national wife. They had lived together in Dublin since their marriage.  

He said the man’s wife was working but they were of limited means. If deported to Iraq the husband would find it difficult to fund his return to Ireland. The couple wanted to remain in Ireland.

Mr O’Shea said  it was also his client's case that the deportation order against him is invalid because there was no deadline for leaving the State specified in the order requiring him to leave Ireland.

Judge Haughton said he was satisfied the applicant had raised issues that should be tried before the High Court and the court was happy to grant the temporary injunction as well as permission to bring a challenge against the deportation order.

He said the court noted that the man had been married for some years and the couple enjoyed a "very close relationship." The matter was made returnable to a date later this month.

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