Court rejects man's right of residence challenge over failure to establish dependency on sister-in-law
The High Court has rejected a Pakistani man's challenge to a refusal to grant him a right of residence here on the basis that he was dependant on his sister-in-law, who is an EU citizen living here.
Asad Ali Cheema (aged 28) claimed that a month after he came on a visit to his brother in Ireland that his family rice trading business in Pakistan, which his sister-in-law had helped fund, was burnt down by criminals.
As a result, he did not return home and instead sought a right-of-residence after his three-month visitor's visa had expired.
Mr Justice David Keane rejected his challenge to a decision to refuse a residence card as a permitted family member of his sister-in-law, Anna Straczek, a Polish national married to his brother, Ali Hamza.
The judge said Mr Cheema had provided only "very limited fragmentary evidence" to support his claim that he was dependent on his sister-in-law in Pakistan.
A striking feature of submissions made on his behalf was that they ignored the burden and onus of proof required by him under EU free movement of persons regulations and under the Citizen's Rights Directive, he said.
They failed to address, save in the most vague and general terms, the precise evidence to establish dependence, he said.
Mr Cheema claimed his sister-in-law sent around €12,500 to his mother in 2013 for investment in the family rice trading business in Pakistan. She also regularly sent money to him before he came for a visit here in October 2015, he said.
A month later, while he was still here, a fire broke out at the family rice storage facility in Ali Pur Chattha, Pakistan, effectively destroying the business and his income.
A local Urdu newspaper report of the incident said Mr Cheema had been threatened by criminals after demanding money from him and the matter had been reported to the police.
Mr Cheema's visitor's visa expired three months after he arrived and a month later, February 2016, he applied for a residence card as a permitted family member of Ms Straczek.
The Irish National Immigration Service rejected his application in July 2016 saying the Minister for Justice and Equality had determined he was not a dependent of an EU citizen and not a member of the household of an EU citizen.
The Minister was also satisfied that his sister-in-law, who was receiving illness benefit here, did not have the capacity to support him here.
In his challenge against the Minister, brought by him, his sister-in-law, and his brother, it was claimed his right to fair procedures was breached by basing the refusal decision on matters Mr Cheema was not on notice of.
It was also claimed the Minister reached his decision without raising the adequacy of his evidence of dependence.
Mr Justice Keane was satisfied there had been no breach of the right of good administration in relation to how the Minister based his decision.
He also rejected the argument the decision was based on matters Mr Cheema was not on notice of.
Mr Cheema must be deemed to know the law and cannot say he was unaware of the "obvious limitations" of the documentation he submitted, Mr Justice Keane said.
He also said Mr Cheema had not identified any specific failure of the Minister to fairly examine the submissions he made in support of his residency application.
