Permanent residency revoked for fraudulent application and questions referred to European Court

The Supreme Court has determined that the Minister for Justice was justified in revoking the appellant's permanent residency due to fraudulent documentation provided during the application process. The appellant, a Pakistani national, had obtained residency through marriage to an EU citizen, but it was later discovered that the supporting documents were falsified. The appellant argued that a proportionality assessment considering personal circumstances should have been conducted before revocation. The Supreme Court acknowledged that while the revocation was a proportionate response to the fraud, there is a possibility of an alternative interpretation of the proportionality requirement in Article 35 of the Citizenship Directive. Consequently, the Court has referred questions to the Court of Justice of the European Union for clarification on whether an individualized proportionality assessment is necessary when revoking residency obtained through fraud. The proceedings are stayed pending the EU Court's decision.