The High Court refused to quash a decision to refuse an application under the Scheme to Regularise Long-Term Undocumented Migrants in Ireland, affirming that the applicant did not meet the requirement of being undocumented for a continuous four-year period prior to the Scheme's opening date. Despite the applicant's previous marriage being deemed a marriage of convenience and therefore invalid for the purpose of EU residence rights, the Court found that the temporary permissions granted for the duration of the applicant's review were not based on the marriage and had not been revoked by the Minister. Consequently, the applicant was not considered 'undocumented' under the Scheme's criteria, as he held valid temporary permissions during the relevant period.
Scheme to Regularise Long-Term Undocumented Migrants, marriage of convenience, temporary permissions, judicial review, certiorari, undocumented status, EU Treaty Rights (EUTR), Minister for Justice, High Court, review decision, validity of permissions, ex gratia scheme, administrative discretion, integrity of Scheme criteria.