High Court, in judicial review of decision of the Minister for Justice and Equality not to progress leave to remain application, which became moot when the Minister gave the applicant permission to remain for a year, determines that as there was no causal nexus between the matter that has made the case moot and the proceedings themselves, it was appropriate to make no order as to costs.
Asylum and immigration – judicial review – costs of legal proceedings – moot proceedings - substantive proceedings – challenging the decision refusing him leave to remain – Minister refused to process the application – Court refused to stay possible deportation - submissions in relation to proposal deport – Minister made a decision in favour of the applicant, and granted Stamp 4 permission for one year - procedural inappropriateness of seeking or worse still granting injunctions which prevent a decision from being made - agreed now that the case can be struck out - the issue before the court is one of costs – Minister seeking all his costs – applicant seeking a portion of his costs - issue of costs in moot proceedings - whether there is a causal nexus between the matter that has made the case moot and the proceedings themselves - only link with the proceedings is the negative one in that the Court refused to stop something happening that would have happened anyway - in the absence of such a nexus the default order in accordance with the Supreme Court jurisprudence is no order as to costs – no order as to costs –