Akhtar v The Minister for Justice and Equality

JurisdictionIreland
JudgeMr. Justice Richard Humphreys
Judgment Date18 December 2018
Neutral Citation[2018] IEHC 781
Docket Number[2018 No. 1017 J.R.]
CourtHigh Court
Date18 December 2018
BETWEEN
RAIS AKHTAR
APPLICANTS
AND
THE MINISTER FOR JUSTICE AND EQUALITY
RESPONDENT

[2018] IEHC 781

Humphreys J.

[2018 No. 1017 J.R.]

THE HIGH COURT

JUDICIAL REVIEW

Asylum & immigration – Sibling of UK citizen – Deportation order – Application for judicial review

Facts: The applicant was a sibling of a UK citizen who had granted temporary permission to enter the state and remain pending determination of his claim under SI 584/2015. Permission under those regulations was denied, and a deportation order was proposed. He sought to challenge his pending deportation

Held by Humphreys J, that the application would be dismissed. The applicant had given fraudulent evidence to the respondent, and it was clear his claim was without merit.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 18th day of December, 2018
1

The applicant entered the State from the U.K. on 2nd May, 2015. On 1st September, 2015, he applied for permission to remain under the European Union (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015) as a dependant of his U.K. citizen brother. He was granted a temporary stamp 4 permission from 19th November, 2015 to 31st March, 2016. The permission under the 2015 regulations was refused on 15th June, 2016, as he failed to satisfy the Minister that he was a permitted family member within the meaning of the regulations. On 12th October, 2016 he was issued with notice of the Minister's proposal to make a deportation order under s. 3 of the Immigration Act 1999. Having sought further time to do so, on 6th December, 2016 he made representations under s. 3. In those representations he did not say anything about a proposed marriage. The material provided was sparse, and under family and domestic circumstances the only connection to Ireland was one family member in Ireland, with the rest of the family being elsewhere. On 14th December, 2016 he applied again as a permitted family member and was informed he could seek an extension of time to request a review. On 29th May, 2017 he availed of an extension of time and requested such a review.

2

On 27th July, 2017 he was informed that the Minister considered that some documentation submitted was false and misleading, and was invited to make submissions. He submitted further material and representations. He was not able to assuage the Minister's concerns and on 29th March, 2018 withdrew the review application, and sough to make an application under s.4 of the Immigration Act 2004. On 20th April, 2018, the s. 4 application was refused.

3

On 27th August, 2018 he went through an Islamic ceremony of marriage with a Canadian citizen, Ms. Zahira Khan. She then returned to Canada. On 6th October, 2018 she came back to Ireland but was refused leave to land. She advised the GNIB that the purpose of the trip was to prepare with the applicant for the civil registration of the marriage and that their objective was to obtain the necessary documentation. She was detained on foot of the refusal of leave to land and on 7th October, 2018 she applied for release under Article 40.4. In proceedings entitled Khan v. Governor of the Dóchas Centre [2018 No. 1242 S.S.], Donnelly J. made an order for an inquiry and on 8th October, 2018, Ms. Khan was released by consent. I am informed on behalf of the respondent that this was, from their point of view, due to an incorrect box having been ticked on the face of the order for arrest and detention as to the basis for the arrest. On 9th October, 2018 the application for review of the refusal of permission under the 2015 regulations was itself refused.

4

A deportation order was made on 26th October, 2018 and the applicant was so notified on 13th November, 2018. He is due to present for deportation tomorrow on 19th December, 2018. Had he been allowed to remain in Ireland, the parties had intended to marry here on 3rd January, 2019. Ms. Khan has already left the State and is currently back in Canada.

5

I have received helpful submissions from Mr. Eamonn Dornan B.L. for the applicant and Mr. John P. Gallagher B.L. for the respondent.

6

The primary relief sought in the proceedings is certiorari of the deportation order. Two essential grounds are set out in that regard; breach of the right to...

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3 cases
  • B.S. (India) v The Minister for Justice and Equality
    • Ireland
    • High Court
    • 17 August 2020
    ...or she intends to marry; and deporting that person doesn't breach their right to marry: see Akhtar v. Minister for Justice and Equality [2018] IEHC 781, [2018] 12 JIC 1814 (Unreported, High Court, 18th December, 2018). The only part of the substantive injunction that is potentially going ......
  • O v Minister for Justice
    • Ireland
    • High Court
    • 9 November 2022
    ...oblige the State to facilitate a person's entry into the State to enable them to marry; Akhtar v The Minister for Justice and Equality [2018] IEHC 781. ECHR 43 Insofar as the applicant seeks to rely on his right not to be discriminated against on grounds of his marital status pursuant to th......
  • A v Minister for Justice and Equality
    • Ireland
    • High Court
    • 4 July 2022
    ...State for a considerable period of time. The Minister cites the decision of Humphreys J. in Akhtar v Minister for Justice and Equality [2018] IEHC 781 at para. 10: “Even if I am wrong in relation to all the above, I would uphold the plea at para. 16 of the statement of opposition that ‘give......

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