Izmailovic & Anor -v- Commissioner of an Garda Siochana & Ors [2011] IEHC 32 (High Court, Hogan J, 31 January 2011)

Court holds arrest unlawful where principle object of said arrest was to prevent the arrested person exercising a right that, once exercised, would have regularised his right to remain. Court directs his release.

Article 40.4.2 application – notice of intended marriage – objection to marriage of convenience – arrest of intended party to marriage – party subject to deportation order – whether power of arrest exercised in reasonable fashion – principal reason for arrest was to More