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The Court of Appeal determines the issue of costs in an appeal challenging the High Court's decisions regarding the transfer of an appellant to France under the Dublin III Regulation and the Minister for Justice's refusal to examine the appellant's international protection application. The High Court had dismissed the appellant's grounds of challenge and affirmed the Transfer Decision and the Minister's decision. However, during the appeal, it was revealed that the appellant had left France and was residing in the UK, raising questions about the appeal's mootness and the appellant's duty of candour. After the Court sought clarification on these matters, the appellant instructed his solicitors to withdraw the appeal and was subsequently held liable for the respondents' costs on a party and party basis.
Dublin III Regulation, international protection, transfer decision, Minister for Justice, High Court, Court of Appeal, duty of candour, mootness, fundamental rights, refoulement, Charter of Fundamental Rights of the European Union, European Convention on Human Rights, judicial review, costs, withdrawal of appeal, legal practitioner and own client basis, party and party basis, Legal Services Regulation Act 2015.
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.
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