Minister should make express decision on application for extension of time for review of decision

Judicial review – asylum and immigration – seeking a declaration that the Minister for Justice is obliged to determine his application for an extension of time to decision that he entered a marriage of convenience - South African national born in Pakistan arrived in State on a student visa – engaged in a marriage of convenience - granted permission to remain in the State as a family member of an EU citizen - returned to Pakistan for a period of time – wife returned to Bulgaria - contacted by the GNIB to ask where he and his spouse were - claimed that she would be back in the State shortly - locks on his accommodation had been changed – Department in correspondence about the position of his wife and the status of the marriage – returned to Pakistan – Minister revoked his permission to remain on the grounds of him having engaged in a marriage of convenience - held to have provided false and misleading information as to material fact - informed that if he wished to pursue a review he was required to do so under reg. 21 of the 2015 regulations - written response, but not in the form of an application for review – Minister sought clarification - letter seems to be missing from the file received by his current solicitors - proposal to deport - applied for an extension of time to review the decision that the marriage was one of convenience – whether he is entitled to a decision on his application for an extension of time – given that there is a statutory procedure for an application to extend time, an applicant is entitled to a positive, affirmative and explicit determination of that application - the Minister’s belief that he is not required to make an explicit decision on the application for an extension of time is a misunderstanding of law - whether he is entitled to remain in the State pending the outcome of the application to extend time - An applicant has to demonstrate an entitlement to an injunction if he or she is to obtain that as a final order – entitlement not shown - if the Minister allows an extension of time and then allows the review, the applicant can be brought back - Minister is required to make a positive decision on the request for an extension of time for review within a reasonable time, without prejudice to the right of the Minister to have him removed from the State in the meantime – Court grants a declaration that the Minister should make an express decision on the applicant’s application for an extension of time for a review under reg. 25(3) of the 2015 regulations within three months, having first allowed a period of one month for him to make any additional submissions – judicial review granted.