Family rights were lawfully considered in refusing Brazilian national permission to reside

Asylum and immigration – judicial review – Brazilian national challenging the decisions refusing him permission to reside and proposal to deport him – had permission to remain - married an EU national - granted a temporary permission pending a decision on a related EU Treaty Rights application – granted permission to remain for a five-year period - permission has since been revoked – marriage of inconvenience - false and misleading material - applied for retention of his permission to remain based on his derivative EU rights - application had not yet been decided by the Minister when he made an application for leave to remain – application based on his marriage refused – granted permission to remain for a year – further three months granted – admitted that it was a marriage of convenience - invited to make representations as to why the Minister should not set aside the permission – Minister’s intention to refuse further permission - solicitor sought a review of this decision – Minister upheld decisions not to offer further permission - decision also enclosed a proposal to deport – judicial review proceedings issued - was under an absolute obligation, following receipt of his EUTR permission, to tell the Minister when his wife had left the State - wife left the State within two months of his marriage - proposal to deport was withdrawn and further representations were accepted by the Minister - made further submissions in respect of the renewal of his residence permission - private life rights – Minister refused permission to reside and issued proposal to deport - decision to refuse residence permission - not appropriately weighing periods of residence in the State which were not based on a student-type permission – no concept of “tolerated presence” – discretionary decision – collateral attack on unchallenged decision that it was a marriage of convenience – Minister provided proper reasons - not a case involving a lawful long-term continuous resident – judicial review refused.