High Court, in case where Brazilian national waited until the deportation was made before applying for permission to remain in the State on the basis of the free movement directive and his Latvian partner, and now challenges the deportation order on the basis of the Minister’s failure to consider his free movement directive application, determines that the judicial review proceedings were totally misconceived and dismissed them.
Judicial review – asylum and immigration – Brazilian national challenging deportation order made against him – never had permission to remain - notice of intention to deport – entered into a relationship with a Latvian national - Minister sought further information in relation to the application for leave to remain and their relationship - no application for permission to remain in the State on the basis of the free movement directive before deportation order made – deportation order made – application for permission to remain in the State on the basis of the free movement directive made – application refused – alleged failure to consider free movement rights - Minster consider all the facts raised under the appropriate headings relevant to a deportation order in the context of a process in which those points were actually made - alleged failure to carry out a lawful analysis of his family rights - well-established that deportation breaches article 8 only in exceptional circumstances - no such circumstances have been demonstrated – Minister considered family rights – Minister’s determination of family rights was lawful - alleged failure to conduct a proportionality analysis - unsettled migrant - legitimate for the Minister to decide that a proportionality exercise was unnecessary - alleged error in assessment of employment prospects - wide margin of appreciation for the Minister to assess issues such as employment prospects – proceedings misconceived – judicial review refused.