Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court refused to restrain the deportation of a young married couple from Brazil and declined to compel the Minister to make a fresh decision on their applications to revoke their deportation orders. The court found that the applications to revoke added nothing new to what had previously been considered and therefore did not warrant injunctive relief or a mandamus order. While leave was granted on a single arguable ground to challenge the refusal by the International Protection Appeals Tribunal (IPAT) to extend time for an appeal—specifically, on a legal issue regarding the interpretation of the requirements for such extensions—the court ruled that the applicants were not entitled to an injunction preventing their removal due to their considerable delay and lack of substantive justification. Medical evidence provided by the applicants was also deemed insufficient to prevent deportation, with the court emphasising that the applicants' delay and lack of meaningful new evidence undermined their position.
judicial review – deportation – application for injunctive relief – application for mandamus – International Protection Appeals Tribunal (IPAT) – extension of time to appeal – International Protection Act 2015 – revocation of deportation order – procedural delay – medical evidence – refusal of international protection – leave to apply for judicial review – interpretation of statutory requirements – rights of applicants
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.