High Court makes no order as to costs in judicial review proceedings concerning the decision refusing to allow the applicant permission to land and to detain him, on the grounds that the proceedings became moot when Portuguese authorities confirmed that he is a Portuguese citizen and this confirmation had no real causal nexus with the proceedings.
Asylum and immigration – judicial review – costs of legal proceedings – mootness - Portuguese citizen arrived in the State on a Brazilian passport travelling from Spain – refused leave to land – dispute as to what happened at the border – detained - birth certificate - interim injunction against deportation - intention to apply for release – Portuguese authorities confirmed that he is a Portuguese citizen – released on the. Basis that he would apply for a Portuguese identity card – only issue to be determined is costs - whether the proceedings became moot due to the unilateral act of one party and, if so, whether that had a causal nexus with the proceedings - real reason for the release was not the proceedings but the contact from the Portuguese Embassy - failed to assert his rights in an appropriate and timely manner – no real nexus - no basis to depart from the default approach to allow the applicant the costs of the injunction application because the position at that time had yet to be clarified by the Portuguese authorities – no order as to costs –