High Court refuses judicial review of decision refusing Pakistani national a residence card, on the grounds that no unlawfulness, irrationality or irregularity was made out, and there was no unlawful failure to transpose or lack of effective implementation of European Law Free Movement of Persons Regulations.
Judicial review – asylum and immigration – Pakistani national challenging the decision of the Minister for Justice refusing him a residence card – European law – student visa to UK – when it expired he came to this state – did not apply for asylum in the UK – entered into a relationship with EU national – she came to this state as well – sparse details – applied for asylum - parties went through a non-legally binding Islamic ceremony - notice of intention to marry – found that the evidence not indicative of a couple in a durable relationship – asylum application refused – applied for residence card – application refused – review upheld refusal - superintendent registrar upheld the objection to the proposed marriage as being one of convenience – failure to respond to the Minister’s letter setting out his concerns about the application and seeking further details of precludes relief – reasons for decision set out in detail - alleged irrationality or unlawfulness - no unlawfulness, irrationality or irregularity has been made out - decision is entirely reasonable and lawful – various points not pleaded - alleged inadequate transposition of the directive - the obligation to transpose does not require that every element of the directive must be given statutory language in full in every circumstance - no unlawful failure to transpose or lack of effective implementation has been shown – judicial review refused.