A Dublin man failed in his High Court attempt yesterday to have his Romanian-born wife returned to Ireland. She was deported in March last year, just four months after they were married.
Mr Justice Murphy refused to grant leave to the man, whom the court directed cannot be identified, to seek an order, in judicial review proceedings, quashing the refusal of the Minister for Justice, Equality and Law Reform to revoke the deportation order.
The man had married Ms Claudia Uilacan, born in Romania, on November 11th, 2002. She had been previously married in Romania in 1988. In the man's affidavit, he said his wife came to Ireland about December 1999, falsely claiming to be an Italian woman, Ms Angela Gianluca, a name she continued to use from time to time in Ireland. She did not have a work permit. He believed she made an application for asylum under her married name in Romania, Claudia Pasculie.
The Dublin man met Claudia in November 2002. In March 2003 she was detained at his address on foot of a deportation order made against her in May 2002. She was deported on March 14th, 2003, to Romania. They had then been married and living together for four months, having lived together for eight months previously.
The man travelled to Romania on April 6th, 2003, having, on his wife's behalf, sought revocation of the deportation order. He returned to Ireland on April 18th, 2003. He again travelled to Romania a month later, remaining for some two weeks. Accordingly, he spent a further period of less than a month with his wife.
The Minister, by letter in July 2003, refused to revoke the deportation order on the basis that the parties had not resided together as a family unit for an appreciable period of time since deportation.
The letter also referred to the wife having used a false name and illegal employment.
Mr Justice Murphy, giving his decision, said the net issue was whether the Minister should have considered the changed circumstances of the wife between the making of the order for deportation and its execution.
It was agreed there appeared to be no authority which supported the proposition that an Irish citizen may have a constitutional right to reside with his or her spouse in this country. Even if such a right existed it would probably not be an absolute right. Family rights under the Constitution may thus be indirectly restricted in accordance with law as in the case of imprisonment.
The judge referred to the Irish National Citizenship Act 1986 which provided that Irish citizenship can now be acquired following marriage to an Irish citizen. Such citizenship can only be acquired three years after the date of marriage and the marriage must be still subsisting.