Garibov v Minister for Justice, Equality and Law Reform

emnadmin

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2006] IEHC 371
Judgment Date/s:16 Nov 2006
Judge:Herbert
Category:Deportation
Keywords:Deportation, Deportation Order
URL:https://www.courts.ie/acc/alfresco/6bd3a412-dcdd-4775-95f1-9bc85f3da17d/2006_IEHC_371_1.pdf/pdf#view=fitH

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 … Read More

Principles:

If an applicant for judicial review withdraws his application and also seeks costs, the court has 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.

Go Back