High Court refuses application of man who claims to be from Nigeria, and who has a complex immigration history, for an injunction restraining his deportation pending the determination of his applications to revoke the deportation order made and for residence pursuant to his derivative rights as a father of an EU citizen child, on the grounds that: he failed to advance a fair question to be tried in circumstances where the Minister for Justice asserted that he had not submitted a valid application with the necessary documentation; and as the children were in the custody of their mother, there is no suggestion that they would be compelled to leave the territory of the EU.
Asylum and immigration – judicial review – injunction restraining deportation pending determination of application to revoke the deportation order and application for residence based on right of EU citizen child - claims to be from Nigeria – multiple aliases – immigration history – refused asylum – false visa application – failed to attend subsidiary protection interview - further leave to remain submission – proposals to deport – child born – Irish mother – correspondence not called for - granted joint guardianship of the child – second child - deportation order was made – order not challenged – arrested and detained – made guardian of the second child – application for access pending – applied to revoke the deportation order – Zambrano rights asserted - given that the children are in the primary custody of the mother, removal of the applicant will not result in the children ceasing to effectively exercise their rights as EU citizens – proceedings issued – expedited due to the fact that he is in custody - second attempted Zambrano application was made – refusal due to lack of documentation – injunction lapsed and was not renewed in circumstances where the Zambrano application was not made in time – Okunade test for an injunction – propositions advanced deemed not to be legally sound – application to revoke is not suspensive – argued that the Minister had adopted an overly formal approach to this application and now intends to deport the applicant without consideration of the best interests of the children and/or the rights of the children as EU citizens under Article 20 TFEU and/or their constitutional rights as Irish citizen children – he has not made a valid application by providing all necessary documentation - no suggestion that the children, or either of them, would be compelled to leave the territory of the EU - speculative nature of the EU law points being made – history of deception –