Polish man challenges five-year exclusion from Ireland

A Polish man convicted of sexually assaulting a woman more than a decade ago has challenged the State's decision to remove him from Ireland for five years.

The man, who cannot be named for legal reasons, was served with the exclusion order signed by the Minister for Justice in December 2014.

The man, represented by Michael Lynn SC, with Carol Doherty BL, instructed by Peter Connolly solicitors, was charged with rape and sexual assault arising out of an incident in 2006. He denied the charges and was acquitted at the Central Criminal Court in 2014 of rape but convicted of sexual assault.

Arising out of the conviction, the Minister ordered the man, who has been living and working in Ireland for some years, be removed from the State for five years.

He claims that decision is unlawful, disproportionate and breaches his rights.

In his judicial review proceedings against the Minister, Ireland and the Attorney General, he wants several orders and declarations, including an order quashing the removal order, issued on December 17th, 2014, and affirmed by the Minister following a review on October 5th last.

Free movement

He claims EC regulations concerning the free movement of persons breach EU law because they do not provide him with a right of appeal or review that is independent or complies with the Charter of Fundamental Rights.

Mr Justice Richard Humphreys, adjourning the matter to next month, said he wanted to hear the views of the respondents on certain issues raised before deciding if permission to bring the challenge should be granted.

The judge has placed a stay on the man's removal from the State pending the outcome of the High Court action.