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High Court grants judicial review of the decision of the Minister for Justice to exclude a Polish national, who had been convicted of a drugs offence, for a period of three years from the State, on the grounds that the decision failed to provide reasons for the three-year period.
Judicial review - asylum and immigration - substantive decision - Polish national challenging decision of the Minister for Justice upholding removal order and decision reducing exclusion period - argued that the offence which he was convicted of is insufficient to represent a present and serious threat to public policy or security - argued that the decision was disproportionate - plead guilty to the cultivation of approximately one hundred and twenty marijuana plants, worth approximately €97,000 - sentenced to three years in prison with a final year being suspended for a period of two years - Minister made removal order - exclusion order for a five year period - delay in serving him - article 40 application as being held for purpose of removal order - review of removal order - exclusion order upheld - exclusionary period revised to three years - failed to consider mitigating circumstances - discounted all indicators that the offence was a once-off offence - unlawful breach of free movement of persons regulations - argued that the exclusion period is arbitrary and without explanation or reason - statutory provisions - need to give reasons - behaviour sufficient to ground a present and serious threat to public policy - drugs constitute a danger for society such as to justify special measures against foreign nationals - weight of evidence - for the Minister to attribute the appropriate weight to the various circumstances to be taken into account in determining whether or not to make a removal order, whether with or without an exclusion period - rationale for the exclusion order is apparent - nothing to justify the three years' exclusion as opposed to any other period nor indeed is there any discussion within the order to identify why a reduced period of three years is more appropriate than the earlier period of five years - decision not reasoned - judicial review granted of exclusionary period.
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