K v The Minister for Justice (Approved)

I.                   Introduction

            This appeal arises out of an application by way of judicial review to challenge the validity of a removal order and an exclusion order that, in the exercise of the powers conferred upon her by Regs. 20 and 23 respectively of the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015, hereafter 'the Regulations'), the Minister for Justice (hereafter 'the respondent') made in respect of the appellant, a national of the Republic of Lithuania and a citizen of the European Union.

II.                Factual Background

            On 28 July 2021 the respondent proposed to make a removal order under Reg. 20(1), and an exclusion order under Reg. 23(1) of the Regulations in respect of the appellant. The appellant was invited to make representations, which he submitted in a document dated 1 August 2021 and which he thereafter supplemented at the respondent's request.

            By memorandum of 18 October 2022, which contained a detailed consideration of the appellant's circumstances, Ms. D.H. of the Removal Unit, Repatriation Division, Department of Justice, recommended that a removal order and an exclusion order be made in respect of the appellant. On 27 January 2023, Ms. E.H., Assistant Principal Officer acting on the respondent's behalf, agreed with the recommendation contained in the memorandum of 18 October 2022 and made the said orders.