The applicants, a Nigerian man and his children, were issued with deportation orders. They requested that the Minister not deport them until he considered up to date medical reports. The Department of Justice responded stating that their deportation was an operational matter and that no further matters could be considered. The applicants applied to the Minister for a revocation of the deportation orders, pursuant to Section 3(11) of the Immigration Act. The Department of Justice responded to this letter stating that the request was being sent to the relevant Section for attention.
The applicants sought an order compelling the Minister to consider and decide the application for revocation of the deportation orders. In granting leave to seek the relief sought, the Court held that the applicant had substantial grounds for contending that, as a matter of fair procedures, the Minister is required to make a determination on the application for revocation within a reasonable period of time.
