The Minister issued the applicant, a cancer sufferer, with a deportation order. The examination of file disclosed that there were humanitarian considerations. The applicant sought to quash the deportation order. Over two years later, and while judicial review proceedings were in being, the Minister granted the applicant leave to remain and revoked the deportation order. The applicant then sought to withdraw his application for judicial review, with costs, on the basis that he was right to bring proceedings as he had done.
In awarding costs to the applicant, the High Court held that it was reasonable for the applicant to have sought leave in the circumstances, that the Minister could have granted leave to remain two years previously and that the Court had to consider
(a) whether the decision to commence proceedings was a proportionate reaction,
(b) whether the decision to commence proceedings was clearly based on relevant rules and principles,
(c) whether the decision to commence proceedings was unstateable or for the purpose of delay and
(d) whether the applicant had afforded the respondents a reasonable opportunity of addressing and responding to the claim before commencing proceedings.
