High Court declines to quash a decision of the Minister for Justice refusing to revoke a deportation order made in respect of a Pakistani national unlawfully in the State since 2009, on the basis that: (a) there is no evidence of irrationality; and (b) the Minister's discretion as to whether or not to revoke can only be reviewed in exceptional circumstances not present in this case.
Application for an order of certiorari quashing a decision of the respondent Minister for Justice - Minister has refused to revoke deportation order in respect of fourth applicant ("Mr Khan"), a Pakistani national - s. 3 (11) of the Immigration Act 1999 - first applicant is wife of fourth applicant and is an Irish citizen - second and third applicants are children of the first applicant from another relationship and are also citizens of Ireland - Mr Khan arrived in State in 2007 to study - his visa expired in 2009 - since then, Mr Khan has been in the State without permission - he applied for asylum in 2009 - application rejected by Refugee Applications Commissioner and Refugee Appeals Tribunal - both bodies held that Mr Khan's account not credible - met future wife in 2010 - couple married in 2013 - application made to Minister seeking revocation of deportation order in January 2013 - plaintiff arrested in April 2013 - revocation application refused by Minister refused in April 2013 - whether Minister's decision irrational - whether applicants' rights under Article 41 of the Constitution were given proper consideration - whether applicants can show patent and clear error in Minister's decision - Court finds that discretion of Minister whether to revoke can only be reviewed in exceptional circumstances - Court rejects applicants' submissions that their rights Under Articles 8 and 41 give rise to such circumstances - Court holds that the decision is not irrational - Court refuses relief sought.