B.S. (India) & Ors v The Minister for Justice and Equality & Ors (Approved) (Rev 1)

1.������ In B.S. (India) v. Minister for Justice and Equality (No. 1) [2019] IEHC 367 , [2019] 5 JIC 1011 (Unreported, High Court, 10th May, 2019), I granted an interlocutory injunction against deportation pending the determination of the proceedings.� I also partly dismissed and partly adjourned the proceedings as they then stood.� I am now dealing with the balance of the claim for substantive relief.

2.������ The principal facts are set out in the (No. 1) judgment, but are worth recapitulating for clarity of understanding of the present stage of the proceedings.� The first-named applicant was born in India in 1981.� The second applicant was born in Romania in 1987.� The first-named applicant resided unlawfully in the UK from 2004 to 2014 and was eventually arrested.� When released on his own bond he absconded and came to the State, he claims on 2nd January, 2015.� He resided in the State illegally thereafter.

3.������ The second-named applicant says she arrived in the State in June 2015 although she doesn�t appear to have left any kind of paper trail for the early years of her alleged presence here.

4.������ When eventually arrested, the first-named applicant applied for asylum on 22nd July, 2015 but did not pursue that application, which was deemed withdrawn on 29th April, 2016.� A deportation order was then made on 30th September, 2016.� However, he evaded that order until April 2019 when he was arrested again.

5.������ The applicants claim to have met on 1st April, 2017 and to have been in a relationship since 15th April, 2017.