Saalim v Minister for Justice, Equality and Law Reform

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Supreme Court
Citation/s:[2002] 6 ICLMD106
Judgment Date/s:05 Mar 2002
Category:Deportation
Keywords:Deportation, Deportation Order

The High Court refused to extend time for the applicant to seek leave to apply for judicial review. The High Court found that although the fault had been the solicitor’s rather than the applicant’s, this was not sufficient reason to extend the time for the purposes of Section 5 of the Illegal Immigrants (Trafficking) Act 2000. The Applicant appealed this … Read More

Principles:Factors relevant to extending time for leave to apply for judicial review include (i) whether the applicant had an arguable case, (ii) the extent of the delay, (iii) whether there is a transition in the law, (iv) whether the legal advisors are largely culpable and (v) whether the State is prejudiced by the delay. That an applicant is not to blame for a delay in instituting proceedings is not in itself a sufficient reason for the purposes of Section 5 Illegal Immigrants (Trafficking) Act 2000 to extend the time for the institution of proceedings.
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