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Decision not to process citizenship application without clarifying affidavits was lawful
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High Court refuses judicial review of the Minister for Justice's decision refusing to process an Egyptian national's application for citizenship on foot of his marriage to an Irish citizen, in circumstances where he and his spouse failed to file affidavits as to the subsistence of their marriage where the spouse had corresponded with the Minister to the effect that the marriage was over.
Judicial review - asylum and immigration - substantive decision - Egyptian national challenging the decision of the Minister for Justice refusing to process citizenship application - application for naturalisation as the spouse of an Irish citizen - he could not provide an affidavit that the Minister had requested averring to the continuing subsistence of the couple's marriage - submitted an application for naturalisation - Minister intended to grant his application for a certificate of naturalisation at a citizenship ceremony - wife emailed Minister to state that the marriage had ended - invitation has been withdrawn - asked if he and his spouse could provide an affidavit in relation to the marriage - affidavits not provided - granted leave - unlawful exercise of discretion - breach of legitimate expectation - whether the Minister wrongly relied on the absence a subsisting marriage - the Minister could no longer process his application for naturalisation because he could not provide the evidence to vouch it required by the Minister - no useful or legitimate purpose served by the relief sought - natural and constitutional justice and fair procedures - judicial review refused.
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