Man who alleged domestic violence loses immigration-status appeal

Man who alleged domestic violence loses immigration-status appeal
File photo

An Indian man who alleged he was subject to domestic violence by his EU citizen wife has lost his appeal over being refused independent immigration status here.

His wife had left Ireland some months before he made his application.

Ms Justice Ann Power said it is "an affront to human dignity for anyone to be subjected to domestic abuse" but she could make no criticism of the decision making process by the Minister for Justice in this case.

The Minister was entitled to come to the view, based on his examination of evidence submitted by the man, the man was not a victim of domestic abuse, she said.

The man had a reasonable expectation his application would be considered in light of the Victims of Domestic Violence Immigration Guidelines 2012 "and it was".

The immigration service had informed the man the guidelines are only exercised in cases of extreme and urgent domestic abuse where the Minister feels a victim requires immediate assistance to separate and live independently of the perpetrator.

The Minister was of the opinion the man had not demonstrated an urgent need for assistance and material provided by him could not be considered to constitute evidence of ongoing domestic abuse.

Ms Justice Power said she was satisfied what the law requires was fulfilled in this case, that the man was refused based on detailed reasoning and the process was "fair, open and transparent".

There was no breach of the man's rights to privacy, dignity or equality, whether under the Constitution or European Convention on Human Rights.

She was giving the three judge COA's judgment dismissing the man's appeal over the High Court's dismissal of his challenge to the Minister's refusal.

The man came here on a student permission in April 2013, did not complete his studies and his permission expired in June 2014.

He was illegally here in early 2015 when he married an EU citizen and got permission from October 2015 to October 2020 to remain and work here as the spouse of an EU national.

In August 2016, his wife left Ireland and he has not lived with her since.

In November 2016, he applied for retention of EU Treaty rights. That was refused and an appeal is pending.

His High Court case related only to the Minister's refusal of his separate application for independent immigration status under the 2012 guidelines.

He had exhibited copies of text messages said to have passed from his wife to him which included words like "idiot", a request for money and appeared to contain threats to end the marriage, meaning removal of his visa.

Man who alleged domestic violence loses immigration-status appeal

Other material included medical reports signed by an Indian doctor based on two phone consultations in 2016 noting he had complained of depression and headache and being a victim of domestic violence.

Other documents included two fixed charge notices dated July 2016 addressed to his wife concerning intoxication in a public place and disorderly conduct, a safety order valid from October 17 2016 to October 17 2017 and a letter from AMEN, a support group for victims of domestic abuse.

Ms Justice Power said the medical evidence and fixed charge notices did not constitute evidence of the man having suffered individual domestic abuse.

The safety order, she noted, was sought when the wife was no longer living with the man and no longer here and was made on foot of uncontested evidence in the District Court.

At that time, the wife had also sought a safety order but as she had left Ireland two months earlier, her application did not proceed.

The Amen letter indicated only the man had contacted it and attended a one-on-one session once in November 2016.

The Minister considered the wife's departure, the ending of the abusive relationship, the man's financial independence and the availability of other opportunities to apply for a residence permit all took him outside the scope of the guidelines.

The Minister was entitled to have regard to these important factors and to weigh them in the balance, with the evidence, when coming to his decision.

More on this topic

Man entered ex-girlfriend’s car, court toldMan entered ex-girlfriend’s car, court told

Judge unimpressed as Cork man says theft was ‘one moment of stupidity’Judge unimpressed as Cork man says theft was ‘one moment of stupidity’

Cork Man accused of striking his father over the head with a crutchCork Man accused of striking his father over the head with a crutch

Court hears girl, 5, was alone in kitchen when burglar entered houseCourt hears girl, 5, was alone in kitchen when burglar entered house


More in this Section

Judge unimpressed as Cork man says theft was ‘one moment of stupidity’Judge unimpressed as Cork man says theft was ‘one moment of stupidity’

Man entered ex-girlfriend’s car, court toldMan entered ex-girlfriend’s car, court told

Cork Man accused of striking his father over the head with a crutchCork Man accused of striking his father over the head with a crutch

Gardaí issue renewed appeal for help with missing Dublin teenagerGardaí issue renewed appeal for help with missing Dublin teenager


Lifestyle

Simple storage solutions for the DIY rookie.8 simple steps to putting up a shelf

Yes, many of us have succumbed to the ‘Covid stone’ and may be trying to lose it but we all need a treat from time to time. Our recipes here incorporate tasty fruits like blueberries, apricots and almonds while Derval’s lime, chocolate and oat biscuits are a delicious and yet healthy sweet treat option.Food and Fun: Take some time out for treats

“Do you know what penguins smell like?” Landscape painter Nicholas Romeril asks, and then laughs at his own question.Nicholas Romeril: Antarctic ice-olation was the perfect training for lockdown

No. Such a small word, but a powerful one.Normal People recap: Bad sex and a sad funeral

More From The Irish Examiner