Supreme Court directs that an application brought by Nigerian nationals at the outset of broader application for an interlocutory injunction prohibiting their deportation pending the determination of their appeal - and without warning to the Court or the Minister for Justice - for a reference to the Court of Justice of the European Union should be heard as part of the substantive appeal, and directs that an early date be set for this appeal.
Judicial review – Nigerian nationals refused recommendation that they should be declared refugees by the Refugee Applications Commissioner – brought judicial review proceedings against the Commissioner – this challenge was discontinued – Minister issued them with the three options letter –Minister issued deportation orders – Minister refused application to revoke the deportation orders – they brought judicial review proceedings challenging the decision of the Minister not to revoke the deportation order – High Court (McDermott J) refused judicial review – they brought an appeal to the Supreme Court – sought an injunction restraining their deportation pending the appeal – on the morning of the injunction hearing, they gave written submissions to the Court and the Minister in relation to an application that the Court refer questions to the Court of Justice of the European Union - no prior warning that any such application was to be made – Minister argued that the case had nothing to do with EU law – principles governing interlocutory injunctions in asylum and immigration cases – whether there was a fair issue to be tried on the appeal - an application to refer a matter for the preliminary opinion of the Court of Justice should be done in a timely manner, and in the appropriate court.