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Bangladeshi national refused an injunction restraining his deportation

By: James Cross BL

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High Court, in judicial review proceedings challenging a deportation order, the refusal of international protection and refusal of application to be re-admitted into the asylum process, refuses an injunction restraining the deportation of the Bangladeshi national, on the grounds that: the orderly implementation of measures that are prima facie valid militates against a stay; the Court is entitled to take into consideration his status as an evader; there were insufficient adverse consequences of deportation to make a significant counterbalancing impact on the presumption of giving effect to the deportation order that would arise from the other factors; and his case is not particularly strong.

Asylum and immigration – judicial review – injunctions - Bangladeshi national challenging deportation order and the refusal of international protection and refusing to readmit him into the asylum process – he married a French national and was granted a residence card under the European Communities (Free Movement of Persons) Regulations 2015 – wife had an address in Netherlands – Minister determined that it was a marriage for convenience – Minister refused to renew the residence permission - no appeal or other challenge was taken in relation to these decisions and a deportation order was made – paid a non-lawyer to assist with court proceedings – refused a stay – now seeking an injunction - not much has changed since the original stay refusal - test is set out in Okunade v. Minister for Justice- orderly implementation of measures that are prima facie valid militates against a stay - additional factors – status as an evader – consequences of refusing the injunction - insufficient in the way of adverse consequences of deportation for the Bangladeshi national to make a significant counterbalancing impact on the presumption of giving effect to the deportation order that would arise from the other factors – case not particularly strong –matter adjourned to to the asylum list for furnishing of opposition papers - injunction refused – activities of purported lawyer to be reported to An Garda Siochana –

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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