Lack of independence in appeal procedure renders criminal’s removal and exclusion order a breach of fair procedures

Criminal law – judicial review – asylum and immigration law – “permanent residence” in accordance with the Directive 2004/38/EC – Irish National Immigration Service (INIS) issued a removal order against him which contained an exclusion order for a ten-year period following a criminal conviction – European Communities (Free Movement of Persons No. 2) Regulations 2006 and 2008 – Article 30.3 of the Directive and Article 47 of the Charter of Fundamental Rights – Minister had formed the opinion that his conduct was such that it would be contrary to public policy to permit him to remain in the State – Regulation 20(6)(a) of the Regulations and Article 28(2) of Directive 2004/38/EC – whether P.R.’s removal and exclusion for a period of ten years was a disproportionate interference with the rights of the applicants – Articles 18 and 20 of the Treaty on the Functioning of the European Union – public policy justifying exclusion order – respondent was entitled to rely upon the nature, extent and duration of P.R.’s criminal behaviour as part of the appraisal of whether he constitutes a serious threat to public policy – period of ten years exclusion is not disproportionate – adequacy of review and independent appeal – whether review was independent because of the involvement of officials who made the decision to issue the removal order – reasonable apprehension of bias – flaw in the decision lies in the involvement of the particular personnel, not in the structure of the review provisions – breach of fair procedures – decision quashed.