Mother and daughter taken into custody prior to deportation are awarded half of their costs in “test case”

Applicants are foreign aliens who had been the subject matter of deportation orders dated 28th November, 2008, which were not complied with - on 26th July, 2016, the first Applicant was arrested in her home at the Mosney Accommodation Centre, County Meath pursuant to s. 5 of the Immigration Act, 1999 as substituted and amended by s. 78 of the International Protection Act, 2015 for the purposes of giving effect to the deportation orders - second applicant is daughter of the first applicant - shortly before the time for boarding the aircraft on which they were to be flown out of the State the Applicants were requested to board the plane, however, they refused to cooperate further with the deportation process, as a consequence of which the first Applicant was arrested and incarcerated under the care of the first Respondent and the second Applicant was taken into care by the second Respondent - the Applicants instituted these proceedings under Article 40 of the Constitution for an enquiry into the lawfulness of their detention, and in respect of which the judgment of the Court was delivered on 10th August, 2016, on foot of which the detention of the Applicants was found to be lawful - each of the parties have sought orders for their costs in respect of which written and oral submissions have been made and considered by the Court - Respondents stated that costs should follow the event - the case is one which meets the requirements for the category of ‘test case' - no order to Respondents' costs - Applicant's awarded half their costs.