High Court refuses decision of the Minister for Justice to uphold on review the decision refusing a Pakistani national permission to reside in the State, on the grounds that: the Minister did not apply an unduly narrow construction of the term ‘member of the household of the Union citizen’ within the meaning of EU law; the Minister provided clear and cogent reasons for his decision; the decision was rational and reasonable; and there was no obligation on the Minister to put the views that he had formed on the material submitted to the Pakistani national for further comment or submission before making a decision on the application.
Judicial review – asylum and immigration – EU law – free movement of persons – Pakistani national challenging the decision of the Minister for Justice to uphold on review the decision refusing him permission to reside - failed to establish that he is a ‘permitted family member of his brother, a UK citizen – evidence of financial dependency – application refused – applied for review – review unsuccessful – proposed to make deportation order against him - relevant statutory provisions – whether the Minister applied an unduly narrow construction of the term ‘member of the household of the Union citizen’ – construction not antiquated or limited to the “traditional family” - must be at least one person in any family household, however constituted, with the necessary level of authority, responsibility or control to be the householder - failure to give reasons – alleged lack of clarity – onus on the Pakistani national to satisfy the Minister by cogent evidence that was in part documented and could be tested - typographical error - Minister provided clear and cogent reasons for the decision - lack of sufficient reasons – Minister not obliged to identify not only the manner in which any evidence presented falls short of proving any applicable requirement - unreasonableness or irrationality - audi alteram partem - no obligation on the Minister to put the views that the Minister had formed on the material that he had submitted to him for further comment or submission before making a decision on his application – judicial review refused –