The applicants were granted leave to apply for judicial review by the High Court challenging, inter alia, their deportation. In granting leave, the High Court also extended the 14 day time limit provided for in the Illegal Immigrants (Trafficking) Act 2000 for making judicial review leave applications. The Minister appealed against the extension of time.
The Supreme Court dismissed the Minister’s appeal in relation to the extension of time, finding that when considering whether there is good and sufficient reason to extend time the court should consider the merits of the substantive case and not simply the merits of the application to extend time. The Supreme Court found that the conclusions of the High Court had been reached by a proper exercise of its discretion.
