Regularisation scheme refused as temporary residence permissions disqualify applicant

The High Court refused an application for judicial review brought by an applicant seeking to avail of a State scheme to regularise long-term undocumented residence. The applicant, a non-EU national, had previously obtained a residence card as the spouse of an EU citizen, but this was later revoked ab initio following a finding of marriage of convenience. The main issue was whether temporary permissions to remain in the State granted during the review of his residence card application could render him 'lawfully resident'—which would disqualify him under the scheme, as only those continuously 'undocumented' for four years could benefit. The court found that these temporary permissions were discretionary, were not revoked, and conferred lawful residence for the relevant dates, meaning the applicant was not 'undocumented' as required. The court also rejected the applicant’s EU law arguments, concluding that any treaty rights were invalidated from the outset due to fraud, and that a challenge to his deportation order was out of time and impermissible. Consequently, the relief sought was refused and the applicant remains ineligible under the scheme.