Minister applied the wrong standard of proof when deciding to deport Non-EU national

Asylum and immigration – judicial review – non-EU national challenging the decision to issue him with a deportation order – immigration history – refused refugee status – refused subsidiary protection – deportation order issued – representations made – issue of his residency – leave to seek judicial review granted – charged with theft and burglary offences – failed to present – undertaking not to deport revoked - McMahon Report - what is the appropriate standard of proof for the Minister to apply in relation to factual matters relevant to a decision on whether to make a deportation order? – balance of probabilities - did the Minister err in law in requiring that Mr H prove “with certainty” that he was in Ireland at all times during a stated timeframe – not a single slip – wrong standard of proof applied – no unreasonableness or irrationality - were it not for the fact that the wrong standard of proof appears to have been brought to bear, the court does not see that any other difficulty would present in terms of the conclusion reached – discretion - striking injustice to leave standing a decision that has been decided by reference to the wrong standard of proof – judicial review granted