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Supreme Court allows appeal from Court of Appeal, and determines that the detention of an applicant for a residence card pending deportation had been unlawful at the time of the application, on the grounds that the applicant had been entitled to remain in the state pending the determination of the application and that the Minister had adopted an incorrect test in determining whether the applicant was a family member of a European Union national.
Charleton J (nem diss): Lawfulness of detention - arrest prior to deportation - application for residence card - alleged qualifying family member - Article 7(1) of the European Union (Free Movement of Persons) Regulations 2015 (SI 548 of 2015) - whether applicant for residence card should first establish that he or she was an actual qualifying family member - application for asylum - claim to be family member of Romanian woman to whom applicant's Pakistani father was planning to marry - Section 5 of the Interpretation Act 2005 - EU legislation - formalities in directive.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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