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The High Court has declined to award costs to either party following judicial review proceedings brought by an applicant against a proposed deportation order that was later rescinded as an administrative error. The applicant, who held valid immigration permission, initiated proceedings after receiving notice of the proposal. The court found the proceedings were issued prematurely, as the error could have been corrected had the applicant more clearly highlighted his valid status to the Minister prior to litigation. However, recognising the respondent’s role in the error and subsequent delay in rescinding the proposal, the court also refused to award costs to the respondent, making no order as to costs.
judicial review – proposed deportation – costs – immigration permission – administrative error – Stamp 4 permission – marriage of convenience finding – leave to apply for judicial review – Immigration Act 1999 – discretion on costs – premature proceedings – representation to Minister – alternative remedy – Minister for Justice – ex tempore judgment
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