A High Court judge has upheld the Minister for Justice’s refusal to allow a married Pakistani couple live here on grounds their application involved an abuse of the wife’s free movement rights as an EU citizen. He concluded she was not seeking to exercise her free movement rights in a “genuine” manner in accordance with the Directive. The couple appealed on grounds including the Minister had not properly construed the regulations governing free movement and the Citizens Rights Directive. Abuse of rights involves behaviour where a person aims to benefit from free movement by formally respecting applicable law but not complying with the purposes of the law, he said. Given the abuse of rights, there was no basis on which the court could quash the Minister’s decision, he ruled.
Source: The Irish Times April 03, 2019 14:48 UTC