A permanent residence card can be revoked on the basis it was obtained on false or misleading information / documentation, for example.
It was stated in AKS v Minister for Justice the Minister was required to carry out a proportionality assessment when deciding upon the revocation of a permanent residence card.
Reasons for the decision to revoke the residence card should be provided.
Article 35 of the 2004/38/EC directive on the right of citizens and their family members regarding free movement and residence, states a member states measure to withdraw ie a right of residence ‘’shall be proportionate’’ and are subject to procedural safeguards.
The Minister has the power to revoke a residence card arising from S.27 of the Free Movement of Persons Regulations 2015 which states :
The Minister may revoke, refuse to make or refuse to grant, as the case may be, any of the following where he or she decides, in accordance with this Regulation, that the right, entitlement or status, as the case may be, concerned is being claimed on the basis of fraud or abuse of rights
Therefore as the legislation states ‘may revoke’ the minister has discretion and constitutional justice in addition the 2004 Directive requires proportionality regarding decision making.
Immigration Lawyer
If you have questions about visas, you can speak with an immigration lawyer on (01) 546 1121 or (052) 612 1999.
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Need Legal Advice ? No Problem. Contact Us Today !
We assist persons with Irish and EU Immigration Law matters.