Sudanese man loses case over leave to remain in Ireland

Man arrived here in October 2014 on a three-month visa and over-stayed

In the High Court, Mr Justice Max Barrett, in dismissing the man’s challenge, said the decision of the Minister for Justice was not in any way irrational or unreasonable.

In the High Court, Mr Justice Max Barrett, in dismissing the man’s challenge, said the decision of the Minister for Justice was not in any way irrational or unreasonable.

 

A Sudanese man who twice overstayed his visa to Ireland has lost a High Court challenge to a refusal to allow him remain here.

The man arrived here in October 2014 on a three-month visa. He twice overstayed that visa but during those periods made applications to remain which were refused.

He was made subject of a deportation order which was later revoked.

In March 2018, he decided to return to Sudan. The following month, he applied for a visa to re-enter Ireland but was refused due to his immigration history.

He brought proceedings against the Minister for Justice and Equality claiming he was not given adequate reasons for the refusal.

Mr Justice Max Barrett, in dismissing his challenge, said the decision of the Minister was not in any way irrational or unreasonable.

The clear reason for the refusal was that the man had twice overstayed his visa and had been subject to the later revoked deportation order, he said.

An obligation on the Minister to provide a reasoned decision “does not entail an obligation to give an essay-long consideration of each aspect of the application which precedes such a decision”, he said.

In a separate case, Mr Justice Barrett quashed the Minister’s decision to revoke an Egyptian man’s right of residence card. The Minister had decided the man was not entitled to the card because his EU-national wife, who lives here but from whom he is separated, was not exercising her EU free movement rights.

The judge said the Minister should have given a reasoned decision as to how the man did not enjoy a derivative right of residence based on his wife’s primary right of residence here.