Sibiya v Minister for Justice, Equality and Law Reform

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court, Supreme Court
Citation/s:Unreported
Judgment Date/s:02 Dec 2004
Judge:Butler
Category:Deportation
Keywords:Deportation, Deportation Order

The applicants were issued with deportation orders which they sought to challenge on the basis that the orders did not state the country to which they were to be deported.

The High Court rejected the application but certified the applicants’ appeal to the Supreme Court as it found the matter to be a point of law of exceptional public importance in the public interest. The Supreme Court dismissed the appeal finding that S.I No. 103/2002 (the Immigration Act (1999) (Deportation) Regulations 2002) served their prescribed purpose and that while an applicant was entitled to know the country to which he was to be deported, there was nothing requiring an applicant to be notified of the country at the point in time at which the deportation order is made.

Principles:While an applicant is entitled to know the country to which he or she is to be deported, there is nothing requiring an applicant to be notified of the country to which he is to be deported at the time the deportation order is made.
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