The High Court has refused all relief sought by Ivan Zaporojan in a challenge to removal and exclusion orders made by the Minister for Justice and Equality. The judgment, delivered by Mr Justice Max Barrett on 27 November 2018, concerned the Minister’s decision to affirm the orders on 13 April 2018. The court’s ruling left that decision in place; it did not make a new removal or exclusion order.
The judgment says Mr Zaporojan entered Ireland in 2004 using false identity documents. From December 2008 to October 2015, he made false welfare claims worth more than €30,000. After acquiring Romanian nationality in January 2016, he was convicted in March 2017 of six deception offences and possessing a false instrument. He received a three-year prison sentence, with 18 months suspended.
Mr Zaporojan argued that his fraud was one continuous criminal activity and disputed that he had a propensity to offend. He also said the reason for his earlier criminal conduct—his claimed need for false documents to enter Ireland—no longer applied once he became an EU national. The court said the Minister had based the decision on the prolonged welfare fraud, which ended when Mr Zaporojan was caught, his unlawful entry, and the nature and seriousness of the offences. It found no legal issue with the decision under the EU free-movement rules and no breach of the requirement that action be based on personal conduct rather than convictions alone.
The court also rejected arguments that the orders pursued an economic objective or were disproportionate. It said the Minister had considered the factors raised, including ties to Ireland, family life, family responsibilities abroad and post-prison employment. The court could not consider additional family information submitted in the court proceedings because it had not been before the Minister. It also rejected a claim that the suspended part of the sentence had been intended to aid rehabilitation, saying the Circuit Court records in evidence did not support that claim.
The Minister gave reasons for setting a five-year exclusion period, referring to the false entry, fraud history and convictions. The court held those reasons met the legal requirements. It found no evidence that the Minister had applied a fixed policy.
Mr Zaporojan argued that he should have received a fresh one-month notice period before removal, which took place eight days after the affirmed decision. The court rejected that argument, following an earlier High Court decision it said was binding. It refused all reliefs sought.