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Residence card revocation upheld due to insufficient evidence of spouse’s exercise of EU Treaty rights and misleading information
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The High Court refused a judicial review application by a non-EU national seeking to partially quash the revocation of her residence card. The applicant, who had been granted a residence card based on her marriage to an EU citizen, accepted that her entitlement had lapsed when her spouse left the State. However, she challenged the finding that she had submitted false or misleading documentation regarding her spouse's economic activity in support of her rights under EU law. The court held that the Minister was entitled to conclude, based on a lack of credible and corroborative evidence, that the applicant had not satisfactorily demonstrated her spouse was exercising EU Treaty rights and that documents submitted were false or misleading. The court found the decision was reasonable, adequately reasoned, and not vitiated by procedural unfairness, and awarded costs to the respondent.
judicial review – residence card revocation – EU Treaty rights – false and misleading information – non-EU family member – Minister for Justice – European Communities (Free Movement of Persons) Regulations 2015 – Directive 2004/38/EC – evidence of self-employment – burden of proof – abuse of rights – RSC Order 84 rule 21 – adequacy of reasons – costs of proceedings
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