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High Court, in a case which became moot after the substantive judgement, when the Minister unilaterally revoked a deportation order, refuses leave to appeal, on the grounds that no questions of exceptional public importance were established; and the court makes no order as to the costs of either the substantive hearing or the leave to appeal application, on the grounds that the general rule that costs follow the event can be modified in certain instances, including in moot cases.
Asylum and immigration – judicial review – application for leave to appeal – costs of legal proceedings - High Court refused substantive injunction preventing applicant’s deportation - law in relation to leave to appeal – proposed questions of exceptional public importance - significant development as applicant recognised as a permitted family member - case is now moot - wants to appeal because the applicant wants to deal with the question of costs - case is not a suitable vehicle to further ventilate such issues - applicant did not challenge either the deportation order or the refusal of the review application and under those circumstances his argument that he has been deprived of an effective remedy fails – confusion in relation to costs applications – applicant sought costs on the grounds that the proceedings became moot by reason of the unilateral act of the Minister in revoking the deportation order - act was not causally connected to the proceedings – Minister sought costs on the grounds that the case wasn’t moot at the time of the substantive decision – general rule can be modified in certain instances including in moot cases - no order as to the costs of either the substantive hearing or the leave to appeal application.
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