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Application for reference to CJEU concerning deportation to be heard as part of expedited appeal
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Supreme Court, in response to an application for an interlocutory injunction to restrain the deportation of two Nigerian nationals (mother and son), and a belated application for a reference to the Court of Justice of the European Union, directs an expeditious appeal of the substantive matter, to include the application for a reference.
McMenamin J (nem diss): Judicial review - decision to deport mother and son to Nigeria - opportunity to make representations - refusal in High Court to quash decision - s.5 of the Illegal Immigrants (Trafficking) Act, 2000 - application to Supreme Court for injunction to restrain deportation - application to refer questions of law to the Court of Justice of the European Union - failure of applicant to adopt fair procedures - requirements of fairness.
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