Friday 20 September 2019

Pakistani man unlawfully arrested for deportation before final decision refusing him residency on basis of his father's 'marriage'

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Tim Healy

A YOUNG Pakistani man was unlawfully arrested for deportation because the arrest occurred a day before before a final decision refusing him residency on the basis of his father's "marriage" to a Romanian woman, an EU citizen, the Supreme Court has ruled.

Under regulations of 2015 giving effect to the EU Free Movement of Persons Directive, the man was entitled to temporary residency pending final determination of his application for residence but the problem was he was arrested a day before that, the court held.

Contrary to what the High Court and Court of Appeal decided in his case, there is no two part test under the regulations requiring an applicant for residency to show, at the time of application, a prima facie case by virtue of being a family member of an EU national followed by proof of dependency and relationship, Mr Justice Peter Charleton said.

The man, now aged 26, came here as a student in 2013.

He was on bail pending the outcome of his challenge to his arrest and was in court on Monday when the five judge court upheld his claims his arrest was unlawful.

It granted his counsel Rosario Boyle SC a declaration to that effect and said he is "free as of now".

In the unanimous judgment, Mr Justice Charleton said the applicant was formally refused refugee status in March 2015. A July 2015 deportation order was notified a month later to the Garda National Immigration Bureau because he had unlawfully left the Baleskin reception centre without a forwarding address.

Also in July 2015, the applicant's father got a residence card based on his "marriage" in November 2014 to the Romanian woman.

The father then sought to have his children join him here.

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