Full costs awarded where proceedings became moot due to event causally connected to them

Asylum and immigration – judicial review – costs of legal proceedings - third country national who arrived in the State from Mauritius on a student visa – visa expired – meantime married a Portuguese national – became a rights-holder under art. 6 of the free movement directive 2004/38 for six months – applied thereafter for residence card – application refused - failed to show that the spouse was exercising EU Treaty rights - letter sent informing her of the refusal was marked not called for - sought an extension of time for seeking a review of the refusal - extension of time was allowed but the actual review application form was not furnished – spouse convicted of a drugs offence in Portugal – Minister decided to proceed by way of deportation and not removal - whether the removal of a third country national who is not a beneficiary of current rights under the free movement directive 2004/38 but formerly enjoyed such rights should be dealt with by way of removal order under the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015) implementing the directive or under purely national law by way of a deportation order under s. 3 of the Immigration Act 1999 – if the removal procedure applies, are the grounds for removal limited to the narrow grounds of public policy, public security and public health and the corresponding procedural protections set out in Part VI of the directive or can the broader circumstances that arise, such as where the spouse is not exercising treaty rights apply - issued proceedings challenging decision declining to make a removal order and an injunction restraining her deportation - questions in the case were then referred to the CJEU – CJEU resolved the main question in favour of the applicant and the subsidiary question in favour of the respondent – consequences of the CJEU decision - proposal to deport withdrawn - matter will proceed by removal order – reliefs sought no longer arise – remaining issue is that of costs – costs of moot proceedings - whether there is an event – the withdrawal of the proposal to deport - whether there is a causal nexus between the event and the proceedings - brought about by the CJEU judgment – argued for an apportionment of costs – costs to applicant to include costs of the costs application –