Singh -v- The Minister for Justice and Equality, [2018] IEHC 667 (2018)

Docket Number:2017 781 JR
Party Name:Singh, The Minister for Justice and Equality
 
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THE HIGH COURT2017 No. 781 JR

Between:

RAJINDER PAL SINGH

– and –

THE MINISTER FOR JUSTICE AND EQUALITY

Judgment of Mr Justice Max Barrett delivered on 27th November, 2018.

  1. Mr Singh has behaved dishonestly towards the Minister, the court and his solicitor. In October 2015, he applied to the Minister for a residence card as the family member of a European Union national on the basis of information/documentation that was partly false. In so applying, Mr Singh declared, inter alia, that the information he gave (including information he knew was false) was “true to the best of my knowledge” – this on a form which prominently flags that to assert a right on the basis of false/misleading information could yield criminal sanction. Because the form looked in order, on 15.04.2015 Mr Singh was granted temporary permission to reside in Ireland; on 16.11.2015 the requested card was granted. In associated communications with Mr Singh the State repeatedly highlighted the need for truthfulness and the risk of prosecution where false/misleading information was provided. Still Mr Singh persisted in his dishonest behaviour.

  2. Sometime after the issuance of the residence card, the State, through further investigation, began to discover Mr Singh’s dishonesty. In September 2017, a deportation order issued against Mr Singh. Concerns about a breach of fair procedures in the issuance of same led to an ex parte application being made in the within proceedings on 17.10.2017, in which proceedings Mr Singh initially sought, inter alia, (i) an order of certiorari against the Minister, (ii) an order of mandamus compelling the Minister to restore to Mr Singh the residence card granted to him, and (iii) damages. (Reliefs (ii) and (iii) are especially remarkable given the dishonest behaviour that accompanied the initial application for the residence card). In what was an ex parte application it was incumbent upon Mr Singh to behave with candour towards the court (on which duty see, inter alia, Bambrick v. Cobley [2005] IEHC 43 and Bebenek v. Minister for Justice and Equality & ors [2018] IEHC 323). This Mr Singh failed to do, concealing from the court the dishonest means that he had employed to obtain the residence card in the first place.

  3. On 25.06.2018, the Minister issued a notice of motion seeking, inter alia, an order setting aside the grant of leave on the basis that Mr Singh (i) was aware of matters material to the grant of leave which he did not disclose to the...

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