Sudanese man who twice overstayed his visa loses High Court bid to stay in Ireland

A Sudanese man who twice overstayed his visa to Ireland has failed in a High Court challenge to a refusal to allow him remain here.

Sudanese man who twice overstayed his visa loses High Court bid to stay in Ireland

A Sudanese man who twice overstayed his visa to Ireland has failed in a High Court challenge to a refusal to allow him remain here.

The man arrived here in October 2014 on a three-month visa. He twice overstayed that visa but during those periods made applications to remain which were refused.

He was made subject of a deportation which was later revoked but in March 2018, he decided to return to Sudan.

The following month, he applied for visa to re-enter Ireland but was refused for reasons of his immigration history.

He brought proceedings against the Minister for Justice and Equality claiming he was not given adequate reasons for the refusal.

Mr Justice Max Barrett, in a ruling on his challenge, said the decision of the minister was not in any way irrational or unreasonable.

The clear reason for the refusal was that he had twice overstayed his visa and had been subject to the later revoked deportation order, he said.

An obligation on the minister to provide a reasoned decision "does not entail an obligation to give an essay-long consideration of each aspect of the application which precedes such a decision", he said.

In a separate case, Mr Justice Barrett quashed the Minister for Justice's decision to revoke an Egyptian man's right of residence card. The minister decided he was not entitled to it because his EU-national wife, who lives here but from whom he is separated, was not exercising her EU free movement rights.

The judge said the minister should have given a reasoned through decision as to how the man did not enjoy a derivative right of residence based on his wife's primary right of residence here.

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