High Court refuses judicial review of the decision affirming decision to remove Polish national from the State, and excluding him for a period of seven years, on the grounds that review decision does not fail to provide reasons for the exclusion period of seven years in the removal order.
Asylum and immigration – judicial review – exclusion and removal of Polish national – European law – free movement of persons - High Court previously refused judicial review but left over one ground of challenge for further argument - whether the Minister’s decision fails to give reasons for fixing an exclusion period of seven years - Court of Appeal considered a similar point - exclusion period of seven years in the review decision – relevant caselaw - reasons for exclusion and for a period of exclusion - principal argument was that the Minister’s decision was unreasonable or irrational because it failed to acknowledge that the applicant was already fully rehabilitated – Minister rejected this argument - did argue that the Minister’s decision failed to comply with the requirement of proportionality but not on the basis of any failure to properly consider the question of rehabilitation - requirement to clearly identify each ground upon which judicial review is sought - newly identified ground or argument arises self-evidently as an attempt to bring the applicants’ claims within the scope of the decision of the Court of Appeal - proportionality and reasons - Minister considered exclusion period a measure proportionate to the genuine, present and sufficiently serious threat affecting one of the fundamental interests of society that the personal conduct of the first applicant represents - review decision does not fail to provide reasons for the exclusion period of seven years in the removal order – judicial review refused.