Facts: The first named applicant was a Polish national and an EU citizen. He had been living in Ireland since October, 2006. He married a Polish national in 2011. They had one child, who was born in Ireland in 2012. In October, 2011, he acquired permanent residence under the EC (Free Movement of Persons) (No. 2) Regulations 2006, as amended, … Read More
PR, JR and KR (a minor) v Minister for Justice and Law Reform, Ireland and the Attorney General
Respondent/Defendant: | Minister for Justice and Law Reform, Ireland and the Attorney General |
Court/s: | High Court |
Citation/s: | [2015] IEHC 201 |
Nature of Proceedings: | First instance |
Judgment Date/s: | 23 Mar 2015 |
Judge: | McDermott J. |
Category: | EU Treaty Rights |
Keywords: | Entry Ban, EU Treaty Rights, First instance, Free Movement, Minor, Removal Order |
Country of Origin: | Poland |
URL: | https://www.courts.ie/acc/alfresco/363467f3-78cc-4e9e-a000-eaa5f2b662c8/2015_IEHC_201_1.pdf/pdf#view=fitH |
Geographic Focus: | Ireland |
Principles: | Conviction of a Union citizen or a family member for sexual crimes can constitute a basis for making a removal order on the grounds of public policy in respect of such a person under the EC (Free Movement of Persons) (No. 2) Regulations 2006 and justify a lengthy exclusion period. The procedure provided under the Regulations of 2006 for review of the making of removal orders is compliant with EU law and Directive 2004/38/EC. A ministerial official who was involved in the decision-making process leading to the making of a removal order should refrain from having any involvement in deciding whether or not to affirm the order as part of any review application. Failure to do this will risk an affirmation decision being set aside on the ground of objective bias. |