A Nigerian man, who entered a “marriage of convenience” in Ireland and later separated, can be deported after his latest attempt to remain in the country was rejected, following a process he initiated over 16 years ago, reports Breaking News.
The 44-yr-old man argued that the Minister for Justice had made an error in determining that he was lawfully residing in Ireland during certain periods, specifically between January 2018 and January 2022, reports Breaking News.
Justice Nessa Cahill, in her High Court ruling, explained that the significance of the man’s claim was that he would only be eligible for a scheme designed to regularise the status of long-term undocumented people in the State if he had been “undocumented” for the entire period, reports Breaking News.
The man argued that, since his residence card was revoked in 2016 and temporary permissions were granted only for the purpose of reviewing the decision, these permissions should not be considered independently valid, reports Breaking News.
He contended that, due to this, he had never been lawfully resident in Ireland during the relevant period and thus qualified for the scheme to regularise his status, reports Breaking News.
The applicant, born in Nigeria in 1982, arrived in Ireland in October 2009 and sought asylum, which was denied, and he did not appeal the decision. However, on January 11, 2010, he notified the authorities of his intention to marry a Latvian national residing in the State, and they married later that month, reports Breaking News.
In April 2011, the man applied for a residence card as the spouse of an EU national, and a five-year card was granted in October 2011, reports Breaking News.
However, in September 2015, the couple separated, and by August 2016, the man applied for a new residence card, reports Breaking News.
His application for renewal was denied, but he was granted temporary permission to remain in Ireland while appealing the decision. His appeal was later rejected, with the Minister determining that the marriage was a “marriage of convenience,” leading to the issuance of a deportation order in February 2020, reports Breaking News.
The man appealed the deportation order but was unsuccessful, reports Breaking News.
In January 2022, a scheme was introduced to regularise the status of long-term undocumented people, with applicants needing to prove “undocumented” residence from January 31, 2018, to January 31, 2022, reports Breaking News.
The man argued that the temporary permissions he had been granted during this period were invalid because the State had previously found that his marriage was a “marriage of convenience,” meaning he was “undocumented,” reports Breaking News.
He pursued a second judicial review after being denied access to the scheme, but this week, Justice Cahill dismissed his challenge, reports Breaking News.
In her judgment, Justice Cahill clarified that the temporary permissions granted had not been revoked but had expired and were renewed as part of his appeal and review process. She stated that these permissions were granted at the Minister’s discretion and not as a result of any EU obligation or statutory right, reports Breaking News.
“The claim that the Minister ‘must’ have revoked the temporary permissions if the residence card was revoked is unfounded,” she remarked, reports Breaking News.
Justice Cahill upheld the Minister’s decision that the man had been legally resident in Ireland during the relevant period, affirmed that the temporary permissions were granted independently of the decision to revoke his residence card, and supported the Minister’s refusal of his application, reports Breaking News.
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