High Court refuses judicial review seeking to compel the Minister for Justice to make certain decisions in respect of a Pakistani national’s application to revoke the deportation order made against him and application to be treated as a permitted family member of an EU national, on the grounds that: the deportation order has been made; there cannot have been a failure to consider certain constitutional rights in the course of making as yet unmade decisions; and there is no procedural right to remain in the State pending his application for permission to remain in the State as a ‘permitted family member”.
Asylum and immigration – judicial review – Pakistani national seeking to compel the Minister to make certain decisions - Pakistani national argued that the Minister erred in deporting him before determining application to revoke – in a relationship with a Latvian national – deportation order issued – applied to revoke the deportation order – no decision made – applied to be treated as a permitted family member of an EU national – Minister declined to accept the application – sought review – no decision made – deported – married the Latvian national in Pakistan – argued that in deporting him before deciding revocation decision the Minister had fettered his discretion – no procedural right to remain in the State pending his application for permission to remain in the State pending his application for permission to remain as a ‘permitted family member” - application appears effectively to have been overtaken by the marriage – delay not pleaded - at various times provided fresh information in respect of that application – information required consideration - cannot have been a failure to consider certain constitutional rights in the course of making as yet unmade decisions – judicial review refused.