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Leave to appeal refused where immigration proceedings were clearly misconceived
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High Court refuses leave to appeal decision refusing judicial review of decision refusing permission to land and ordering deportation of Chinese minor, on the grounds that the proceedings were clearly misconceived.
Application for leave to appeal – High Court refused judicial review of decision refusing permission to land and ordering deportation of Chinese minor – principles governing applications for leave to appeal – procedural history – delay – whether the purported application by the child under s. 4 of the Immigration Act 2004 was valid - application was clearly misconceived - procedure does not apply to a child born in the State without a legal entitlement to remain - an applicant does not have an entitlement to make a free-standing application to remain - an applicant cannot dictate how and when a permission application is to be dealt with - claim that the child has to gamble with her rights by engaging in the s. 3 process rejected - inappropriate to challenge a mere proposal – leave to appeal refused.
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