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Court of Appeal dismisses appeal from High Court, and affirms refusal to quash a determination of the Minister for Justice that a marriage between the applicant and a Romanian national had been a 'marriage of convenience' contracted to obtain entitlements, on the grounds that: (a) the appellant was unable to point to any issues of fact that were in dispute; and (b) in the circumstances, it was not necessary for the Minister to have held an oral hearing to determine the issue.
Donnelly J (nem diss): Judicial review - determination that appellant had contracted a marriage of convenience - Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the “2004 Directive”), as implemented by the Regulation 27 of the European Communities (Free Movement of Persons) Regulations, 2015, S.I. 548/2015 - whether oral hearing should have been held - Bangladeshi national - in State from 2007 - marriage in 2014 to Romanian national - residence card obtained - 2019 questioning by Border Management Unit re status of marriage - wife said that they had been divorced for three years - application to vary permission to remain - whether marriage had been genuine - whether oral hearing should have been held, or whether case could be decided summarily -
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