Minister failed to consider family and personal circumstances in application for leave to remain

Asylum and immigration – judicial review – challenge to the decision refusing leave to remain – chronology – Minister decided no material change in the Applicant’s personal circumstances , and that she should not be given permission to remain in the State - statement of grounds – whether the proceedings are moot or unnecessary – where leave to remain refused deportation order must follow - entitled to a final decision – refoulement issue – whether the Minister’s decision in relation to prohibition of refoulement was unlawful - entitled to see that process carried through to the conclusion required by law – conclusion not properly reached – entitled to see that process carried through to the conclusion required by law - whether the decision not to grant her permission to remain was irrational or unlawful - Minister was required by that provision to consider, inter alia, the family/personal matters referred to in s.49(3) - Minister brought solely an Art.3 ECHR analysis to bear – no express consideration of Article 8 - rejects the bases offered by counsel for the Minister as to why it should exercise its discretion so as to refuse the relief – judicial review granted –