Permission to remain refused as applicant found ineligible under regularisation scheme due to unrevoked temporary residence

The High Court refused an application by an individual seeking to quash a decision by a State authority which had upheld the refusal of the applicant’s request to remain in Ireland under a scheme regularising long-term undocumented migrants. The court found that the applicant was ineligible for the scheme because he had held two temporary permissions to reside during the relevant period, which had not been revoked, and the requirements of being undocumented were therefore not satisfied. The judge held that the temporary permissions were granted at the discretion of the Minister pending a review, and were not retrospectively invalidated or revoked when the applicant’s marriage was deemed one of convenience. The court further rejected complaints regarding the alleged lack of reasons for granting these temporary permissions and found that there was no failure to treat the applicant’s case in the same way as comparable others. As a consequence, all requested reliefs were refused and the respondent was provisionally awarded costs.