A Dublin-based, Brazilian-born businessman has lost an appeal in which he tried to overturn a 2019 decision by the Minister of Justice to refuse him permission to remain in Ireland after it emerged he had a marriage of convenience in order to secure the right of residence.
Tiago Da Silva Mascarenhas, who owns Dublin-based English language school SEDA, previously admitted to Gardai in 2017 that he entered into a marriage of convenience in order to obtain residency in Ireland.
He was later informed by the Minister of Justice of their intention to deport him from Ireland and refuse him permission to reside in Ireland.
That Irish Independent reported last month that a new venture Mr Mascarenhas was planning, MovePay, had claimed to be licensed by the Central Bank of Ireland when in fact it was not.
The businessman had applied to the Court of Appeal to set aside or produce a so-called order certiorarithe decision of the Minister for Justice in March 2019 to refuse him residency in Ireland.
“At the heart of this appeal is the question of whether the Minister mishandled the applicant’s right to respect for his private life (as distinct from his family life) under Article 8 of the European Convention on Human Rights,” the Court noted in an appeal last Friday published decision. In 2020, the High Court ruled that Mr Mascarenhas had committed “remarkable fraud” over his immigration status by entering into a marriage of convenience with an EU citizen in 2011.
At the end of 2021, Mr Mascarenhas informed the Court of Appeal that he had obtained Portuguese citizenship. Earlier this year, the application for deportation against him was withdrawn.
The Minister for Justice then argued before the Court of Appeal that the businessman’s appeal against the decision to refuse residency in Ireland was moot.
Mr Mascarenhas insisted that was not the case as he claimed the Minister’s decision would affect his rights, including his right to acquire Irish citizenship.
“Since the Minister has successfully resisted this appeal, it appears that the Minister is entitled to the costs of this appeal against the appellant,” the Court of Appeals noted in dismissing Mr Mascarenhas’ case. If he wants to challenge a decision on costs in favor of the minister, he has two weeks from the date the judgment was served to do so.
https://www.independent.ie/business/irish/english-language-school-owner-loses-appeal-over-residency-ruling-42059198.html English-language school owner loses appeal over residency decision