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High Court, by way of a habeas corpus application, refuses to order the release of an applicant who was the subject of a deportation order, on the grounds that EU regulations do not confer permission to remain in the State on a permitted family member who has applied for a residence card, pending a decision on that application, and where there is a settled intention to deport the applicant in this case.
Criminal law – Article 40 application – asylum and immigration – Section 5 of the Immigration Act, 1999 – Regulation 5(2) of the European Communities (Free Movement of Persons) Regulations 2015 – whether Regulations confer permission to remain in the State on a permitted family member who has applied for a residence card, pending a decision on that application – arrest and detention of the applicant – deportation order – s. 3(3)(b)(ii) of the Immigration Act 1999 – Article 7 of Council Directive 2005/85/EC – Directive 2004/38/EC – there is a settled intention to deport the applicant – applicant’s detention is lawful – application for release refused.
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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