The applicant had been refused asylum and was the subject of a deportation order. A consultant psychotherapist indicated that the applicant might attempt to take his own life before repatriation was effected. The applicant’s solicitor requested that the Minister revoke the order and stated that the therapist’s report would be furnished the next day. The following day, however, and before any medical report could be furnished, the Minister’s office wrote to the applicant’s solicitor indicating that the Minister did not intend to revoke the order. The applicant sought to review this decision on the basis that the Minister had failed to observe fair procedures in dealing with the request to revoke the order.
The Court granted an order of Certiorari quashing the Minister’s refusal to revoke the deportation order, finding, inter alia that there was a bona fide risk to the life of the applicant and that the Minister could not come to a conclusion regarding whether to revoke the order in such circumstances until the report from the psychotherapist was made available.