Students seeking to challenge deportation order are not settled migrants

Judicial review – asylum and immigration – High Court refused leave to judicially review – application seeking the Court to revisit decision to refuse leave to judicially review decision of the Minister for Justice’s decision to order deportation – argued that initial decision is incorrect and needs to be revisited in the light of subsequent jurisprudence – order not yet perfected - whether the court has jurisdiction to make the order sought – jurisdiction wide enough to cover this sort of application – otherwise would force an appeal – whether subsequent decisions mean that students’ article 8 rights must be subject to a proportionality assessment - more appropriate to say that only in exceptional circumstances will the removal of non-settled migrants contravene article 8 – subsequent Court of Appeal decisions do not lay down a proposition contrary to Court’s decision - Court of Appeal decisions not authority for the proposition that students have art. 8 rights such that an art. 8(2) proportionality exercise must be conducted either in every case or at all – no error in original decision demonstrated – whether another High Court judgment which held that students are settled migrants is correct – relevant authorities and materials were not opened to High Court judge – failure to inform judge of contrary decisions - Strasbourg Court considers that removal of non-settled migrants creates a violation only in exceptional circumstances - distinction between unlawfulness and precariousness is not discussed at greater length in the ECHR case law is that some things are just too clear to need spelling out and that the Strasbourg court did not anticipate an interpretation as inappropriately inventive as that being advocated, namely equating and conflating lawfulness and settled status, gaining traction - ordinary meaning of language – Students are simply not settled migrants - no substantial grounds to contend that students present on permissions for up to the maximum 7-year period, or present in the State thereafter without permission, are settled migrants - no substantial grounds for contending that the deportation of such persons breaches article 8 of the ECHR in the absence of exceptional circumstances – leave to judicial review refused.