High Court grants judicial review of decision refusing a Pakistani national residence card as a permitted family member of his British and, hence, European Union citizen brother, on the grounds that the Minister for Justice did not disclose the essential rationale for his decision that the evidence submitted failed to establish that he was a member of the household of his brother in the United Kingdom; the rationale is not patent from the terms of the decision; and it was not capable of being inferred from its terms and its context
Judicial review – asylum and immigration – European law – free movement of persons – Pakistan challenging the decision for a residence card as a permitted family member of his British and, hence, European Union citizen brother - failed to establish that he is a ‘permitted family member’ - failed to establish that in the United Kingdom (as the country from which he had come), he was either: (a) a dependant of his brother as a Union citizen; or (b) a member of the household his brother, as a Union citizen - procedural history and grounds of challenge – background facts – relevant statutory provisions - Minister did not err in law in failing to set out the test to be applied in determining whether he was a member of the household of his brother in the country from which he had come – decision does not comply with the well-established principles on the duty to provide reasons - existence and scope of the requirement to give reasons for an administrative decision affecting the rights and obligations of persons is by now a well-settled aspect of the administrative law of the State - Minister did not disclose the essential rationale for his decision that the evidence submitted failed to establish that he was a member of the household of his brother in the United Kingdom - rationale is not patent from the terms of the decision – not capable of being inferred from its terms and its context – judicial review granted