Deportation Order upheld where applicant abused asylum and immigration process

Proceedings seeking to quash a Deportation Order made against Applicant – judicial review – claims Respondent erred in the consideration given to the applicant’s employment prospects – section 3(6)(f) of the Immigration Act 1999 (as amended) - suggested that the respondent applied an incorrect test to the analysis by considering whether the applicant had prior permission rather than considering his actual employment prospects if permission to remain was granted – failed to provide adequate reasons for the conclusions – application for asylum refused which was appealed but applicant failed to attend an oral hearing and explanation – married Latvian national and granted residence under the European Communities (Free Movement of Persons) Regulations 2006 and 2008 - marriage was deemed to be one of convenience – right to reside and right to work - it appears to me that the Deportation Order should not be condemned because of the inclusion of the lack of current permission to reside or work and lack of obligation on the Minister to provide such permission – test for abusive conduct - I therefore refuse the applicant’s application for an order of certiorari quashing the decision of the Minister – application refused.