herald

Saturday 7 December 2019

No deportation for Pakistani divorcee as he plans to wed

'Judge McDonald heard that the couple had been in a committed and intimate relationship since April 2016 and that deportation of Mr Khan would visit irremediable damage on them and disrupt their marriage plans.' (stock photo)
'Judge McDonald heard that the couple had been in a committed and intimate relationship since April 2016 and that deportation of Mr Khan would visit irremediable damage on them and disrupt their marriage plans.' (stock photo)

A Pakistani man who is planning to marry his French girlfriend early next month has been granted an injunction restraining his deportation.

Paul O'Shea, counsel for Saim Shaheen Khan, yesterday told the High Court that the Justice Minister had issued a deportation order against Mr Khan after his recent divorce from a Portuguese woman.

Mr O'Shea said the minister alleged that Mr Khan's marriage to the woman in 2014 was a "marriage of convenience".

Mr Khan and his girlfriend, Gaelle Sauron, were granted leave to judicially review the ministerial order and an interim injunction restraining his deportation until further details of the case are placed before the court on October 7, by which time the couple expect to be married.

Mr Justice Denis McDonald granted the minister leave to apply to the court to have the injunction removed on giving the couple's legal team 24 hours' notice of such an application.

Mr O'Shea said Mr Khan arrived in Ireland in 2012 with a student visa and had studied at Grafton College, Dublin.

Three years later, he was granted residency pursuant to EU rights after his marriage to Maria Dulcelina Tavares.

He separated from her in early 2016 and obtained a divorce on June 7 this year.

Danger

His residency permission had been revoked by letter from the minister in November 2017.

Judge McDonald heard that Mr Khan had subsequently made unsuccessful applications for residency on the basis he was in a relationship with Ms Sauron, who has been living in Ireland since April 2016.

Mr O'Shea said Mr Khan was in imminent danger of deportation.

Judge McDonald heard that the couple had been in a committed and intimate relationship since April 2016 and that deportation of Mr Khan would visit irremediable damage on them and disrupt their marriage plans.

Mr Khan, in an affidavit to the court, said he and Ms Sauron had an appointment with the registrar of marriages and that they should know in the next few weeks whether they can marry and whether there will be any objections to the marriage.

Mr Khan's solicitor had applied for a residence card for him and had sought an undertaking from the minister not to deport him until that application had been dealt with.

No undertaking had been forthcoming, the court was told.

Judge McDonald, granting leave to challenge the minister's order of deportation and granting an injunction restraining Mr Khan's imminent deportation, adjourned the proceedings until October 7.

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