The High Court dismissed a Pakistani national’s claim for a substantive injunction to prevent his deportation, finding that he had not established an entitlement to that relief. The court continued a temporary stay on deportation until 2pm on 7 October 2019, pending a scheduled hearing about leave to appeal.
The first-named applicant came to Ireland as a student in October 2012. His permission to remain under EU treaty rights, based on a marriage to a Portuguese national, was revoked in November 2017. The judgment says the Department cited the EU spouse’s failure to exercise treaty rights and the applicant’s failure to report a change in circumstances. The judge noted that the marriage had “some of the hallmarks of a marriage of convenience”, but said there was no formal finding on that point.
The applicant later sought permission to remain as a permitted family member, relying on his relationship with the second-named applicant. Earlier applications and a review had been refused, including over insufficient evidence of a durable relationship and inconsistencies about addresses. A deportation order was made on 21 June 2019, served on 5 July, and was not challenged. The couple had given notice of their intention to marry.
At the substantive hearing, the applicants accepted that they had to show a substantive entitlement to an injunction, rather than rely only on the balance of convenience. The judge said the applicable test required a substantial probability of success in an application to remain and significant oppression if deportation occurred while that application was pending. He concluded that this test was not met, including because the disruption was considerably less than in an earlier case cited in the judgment.
The applicants also argued that deportation would make it unduly difficult to exercise EU rights. The judge rejected that argument, saying the applicant had been able to apply for EU treaty rights and challenge adverse decisions, but had not challenged the earlier refusals or deportation order. He added that a general right to marry does not confer a right to marry in Ireland specifically.
Although dismissing the proceedings, the judge continued the stay on deportation while an application for leave to appeal is considered. He directed that the leave application be listed for 7 October 2019, with written submissions to be delivered beforehand.