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Court of Appeal allows appeal from High Court refusal of judicial review, and quashes a 2016 decision to remove an EU citizen from the State, where he had been convicted in 2012 of a sexual assault perpetrated in 2006, and where he now had a partner and child in the State, on the grounds that: (a) the decision to remove the person from the State was disproportionate to the offence; (b) the evidence did not support a finding that he was at a risk of reoffending; and (c) the matter was not moot by reason of a decision in 2021 not to remove him, as findings relating to his risk of reoffending remained on the record.
O'Conor J (nem diss): Right of EU citizen to reside in another member state - expulsion - Article 27 of the 2004 Citizens’ Rights Directive - conviction of sexual assault - removal order - five-year exclusion order - proportionality - investigation of conduct - effect of order on individual and family - tests relating to duration of stay in the State - redaction - Article 28 of directive - European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. 656 of 2006) - European Communities (Free Movement of Persons) Regulations 2015 (S.I. 548 of 2015) - living in Ireland since 2005 - assault in 2006 - return to Ireland under European arrest warrant (EAW) in 2012 - conviction and sentence - notified in 2014 of pending removal order - partner and child in Ireland - judicial review - refusal of judicial review - whether appeal moot - finding that applicant likely to reoffend - notice that applicant no longer required to be removed from State - proportionality assessment - propensity to reoffend - whether applicant had 'effective remedy' - freedom of movement - public policy exception - whether trial judge carried out adequate proportionality review - lapse of ten years - personal and family circumstances.
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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