High Court, in judicial review of the decision to exclude a Polish national from the State for seven years following his conviction for sexual offences, rules that: (1) the decision of the Minister for Justice was not irrational or unreasonable, did not breach EU law, and was not in breach of fair procedures; but (2) further submissions were required in relation to the alleged failure to provide reasons for the exclusion period of seven years.
Judicial review – asylum and immigration – substantive decision - challenge to the decision of the Minister for Justice excluding a Polish national from the State for seven years - free movement rights – criminal conduct - sexual assault - three years imprisonment with final 16 months suspended - removal order – upheld on review – issued judicial review proceedings – struck out – fresh consideration – decision again upheld and fresh judicial review proceedings issued – granted judicial review - close involvement of certain officials in both the original decision-making process and the subsequent review of that decision gave rise to a reasonable apprehension of bias in the conduct of that review – minister again reaffirmed decision to exclude the Polish national – exclusion period reduced from 10 years to 7 – third judicial review issued – compromised on grounds that a further review would take place - Minister again upheld the decision to make a removal order – proceedings issued - unreasonableness or irrationality - Minister’s consideration of the particular risk assessment – argued that the minister misapplied the expert evidence - failed to establish that the Minister’s decision was based on an unreasonable or irrational finding – alleged breach of EU law and the Citizens’ Rights Directive - represent a genuine, present and sufficiently serious threat affecting the fundamental interests of society – no breach in EU law – argued that the Minister failed to put her adverse findings to the first applicant for his further comments or submissions prior to the issue of her decision - failure to provide reasons for the exclusion period of seven years – requires further submissions.