Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review of Indian national who overstayed on her student visa and released the State from any undertaking not to deport her, on the grounds that all relevant information was considered and no illegality in the decision has been demonstrated.
Asylum and immigration – judicial review – Indian national challenging deportation order – overstayed student visa - after a year of illegal presence in the State applied for a further to remain – informed that such application had to be dealt with in the context of a proposal to deport – proposal to deport – submissions – deportation order made – failed to leave the state as required – judicial review issued - recent jurisprudence - questions presented by the proceedings - proportionality assessment - adequate reasons provided - fact that she was unlawfully present in the State at the time of the making of the deportation order is certainly not irrelevant to the level of reasons that is required - factors that engage art. 8 in this particular case - whether the deportation of a migrant engages art. 8 of the ECHR - all relevant information was considered - fact-specific argument - lack of substantial prejudice – judicial review refused – State released from any undertaking not to deport her
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.