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The Court of Appeal has set aside the High Court's decision, quashing the Exclusion Order against an EU citizen on the grounds of uncertainty regarding the commencement of the exclusion period. The original High Court ruling had affirmed the validity of both the Removal and Exclusion Orders issued by the Minister for Justice, which required the appellant to leave Ireland and barred re-entry for up to three years. However, the Court of Appeal found the Exclusion Order invalid as it failed to specify a clear enforcement date, thus contravening the principle of legal certainty under EU law. The Removal Order's challenge was deemed moot since the appellant had already left the State.
EU citizen, Exclusion Order, Removal Order, Court of Appeal, High Court, judicial review, European Communities (Free Movement of Persons) Regulations 2015, Minister for Justice, legal certainty, Union citizenship, Directive 2004/38/EC, public policy, public security, certiorari, mootness, effet utile, Charter of Fundamental Rights of the European Union, principle of legal certainty.
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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