High Court refuses judicial review of decision refusing application for a permanent residence card, on the grounds that the applicant's right to fair procedures was not breached, and the Minister for Justice was correct when asserting that his spouse was required to be employed/self-employed or to have sufficient resources and comprehensive sickness insurance in circumstances where he was economically active.
Judicial review – asylum and immigration – European law – free movement of persons – challenge to the decision refusing application for a permanent residence card - married a Czech national – no longer in contact – claims that he and his wife were lawfully resident in Ireland pursuant to reg.6 of the EC (Free Movement of Persons) Regulations 2015 for five years prior to her departure - breach of the right to fair procedures – claims that the Minister raised for the first time in his review decision an issue about the details of residence of his wife Czech spouse in Ireland – in fact raised before - claims that the Minister was mistaken in asserting in the Impugned Decision that his spouse required to be employed/self-employed or to have sufficient resources and comprehensive sickness insurance in circumstances where he was economically active - Minister was not mistaken - sufficient resources - mere fact that the non-EU national is working does not suffice to meet the requirements of the statute – judicial review refused.