Deportation upheld of Nigerian national convicted of sexual assault

Judicial review – asylum and immigration – Nigerian man and daughter challenging the decision of the Minister for Justice to order his deportation – convicted of sexual assault – sentencing judge recommended that he would be deported at the end of the sentence – he had been refused asylum – married a Danish national – given permission to reside in the State – wife returned to Denmark – permission withdrawn – free movement of persons – received permission to reside on fraudulent basis – conviction – Minister informed him of proposal to revoke permission – referred to a son born with a British national - no meaningful evidence was submitted of a relationship with the child – permission to be in the State revoked – had a child with a Polish national - applied for permission to be in the State on the basis of his parentage of an EU citizen child pursuant to case C-34/09 Ruiz Zambrano – application refused – ordered his deportation – issued proceedings – Minister argued that the proceedings should be dismissed on the grounds of criminal and wrongful conduct and lack of candour - failure to particularise the relationship with the child - nature of the Minister’s decision - audi alteram partem - insurmountable obstacles - mother has no intention of leaving the State – alleged failure to identify and evaluate constitutional rights - threadbare submissions warrant a threadbare response, and there is no basis to say that this decision is unlawful in the circumstances - failure to treat the child’s best interest as a primary consideration – disproportionality - removal order versus deportation order – his EU rights 8 fell away when the first named applicant’s wife ceased to live and work in the State – discretion - application should be dismissed on discretionary grounds irrespective of the merits – judicial review refused – injunction – Okunade test - injunction should not be continued –