High Court refuses to make an order compelling the Minister for Justice to make a decision concerning Mauritian parents’ applications for leave to remain, on the grounds that the asserted delay is neither egregious or tantamount to a refusal.
Judicial review – asylum and immigration – application for leave - Mauritian parents and Irish born children seeking to require the Minister for Justice to make a decision in respect of their application for leave to remain – parents entered the state on student visas – visas expired – applied for extensions and for leave to remain – represented that husband had a job offer – argued that the delay in regularising their status had an adverse impact on the wife’s health – after further delay sought priority – informed that they were among many to be considered - not possible to provide a specific indication as to when the case would be finalised – Minister indicated that they could be assured that there would be no avoidable delay in having their case brought to finality - substantial grounds test – mandamus orders - specific wrongdoing or default needs to be demonstrated –no immediate entitlement to a decision - no EU law dimension – no specific prejudice - asserted delay is neither egregious or tantamount to a refusal - decision awaited is discretionary in nature - explanation given for the delay - nothing exceptional in the family’s position or the Minister’s conduct.