Judgement reopened where State withheld material information in deportation proceedings

Asylum and immigration – judicial review – application to reopen the judgment – withholding information – court refused application for judicial review – order not perfected - affidavits have been filed since the date of the ex tempore judgement – failed to exhibit documents showing that deportation notice had not in fact been registered with GNIB – further submissions – Minister’s duty of disclosure - duty of candour to give a true and comprehensive account of the decision making process – whether the decision should be re-opened - exception 1: new evidence or change of mind by the court prior to perfection of the order - as the order in the present case has yet to be perfected and as important new information has come to my attention, this exception is clearly satisfied here - exception 4: the court being misled – Minister had all of the relevant information whereas the applicant only had some of it - exception 7: exceptional circumstances including mistake – Court determines that the judgement should be re-opened – whether an order of certiorari be granted – whether an address furnished to the local superintendent simply by being given to a member of the GNIB –no reason to think that Gardai effectively communicated, or even was in a position to effectively communicate, the information to the local registration officer - Gardai not able to register those details on the GNIB system - service at the address so given to the Gardai is not service at an address last furnished to the local registration officer in compliance with the statute - whether the applicant furnished an address for service for the purposes of the legislation – none of the affidavits or indeed the statement of opposition disclosed the content of the applicant’s registration details as attached to the minute - no intention to mislead the Court – Minister’s disclosure obligations – judicial review granted.