Facts
On 30 January 2018 the applicant/appellant sought a residence card, claiming to be a qualifying family member dependent on the alleged spouse of his father, she being an EU citizen. The applicant was a 26 year old Pakistani national who claimed to be a family member of the Romanian lady whom his father had purported to marry in November 2014. On 20 June 2018 the applicant was arrested in Portlaoise for the purposes of deportation having been served with a deportation order on 9 January 2018. An application for habeas corpus pursuant to Art.40.4.2° was made on his behalf, claiming that he could not be deported until such time as his application for a residence card under the Citizens’ Directive had been determined.
