M.H. v Minister for Justice and Equality (Unapproved)

Donnelly J.���������������������������������������������������� ��� Neutral Citation Number [2023] IECA 267

      The appellant is a Bangladeshi national who came to Ireland on 25 April 2007 on a student visa.� This visa was regularly renewed up to the point in time when the student visa scheme was amended to prevent such repeated renewals of student visas.� He remained in the State on foot of a Stamp 2 permission. �His student visa was due to expire on 5 May 2014 and could thereafter not be renewed.�

      The exact exchange which occurred between the Immigration Officials and the appellant, as well as with his former spouse over the phone, remains in dispute.� However, the appellant accepted that, ultimately, he told the immigration officers that his marriage was no longer subsisting. � The appellant was allowed to proceed through Immigration having been held there for a period of hours, and he was informed that the information gathered by the Immigration Officials at the Airport would be forwarded to the EU Treaty Rights Investigation Unit.�

      The appellant than engaged a solicitor who wrote to the Minister in July 2019 seeking to vary the basis for his permission to remain in the State. �He accepted that he was no longer entitled to a residence card on the basis of his status as the spouse of an EU citizen. �The appellant had, by that time, been living in Ireland for over 12 years. �Over the following months, there was an exchange of correspondence between the appellant and the Minister. �

      The appellant�s solicitor responded on 8 January 2020 emphatically denying that the appellant�s marriage was one of convenience. �The letter did not contain any documentation.� It was stated, however, that the appellant had made a full and frank disclosure in his letter of 2 July 2019 in respect of his marriage and breakdown.�