No point of law of exceptional public importance identified in application to appeal deportation

Judicial review – asylum and immigration – application for leave to appeal to the Court of Appeal - criteria for the grant of leave to appeal – Court determined that there should be four further criteria – application for leave to appeal should be made promptly - question of law should be one which is actually determinative of the proceedings - grant of leave should provide some added value to any matters already before the Court of Appeal - question must be formulated with precision - whether “a deportation order is lawful which does not give a date for the applicant to comply with it - leave to appeal mechanism is not a procedure for simply disagreeing with a decision - no substantial grounds for the proposition that the law must impose a requirement for express specification in the case of deportation orders and those orders alone - the only effect would be that there are substantial grounds for contending that certain words should be transferred from the notification accompanying an order to the order itself - minor technical point-scoring and not a point of law of exceptional public importance – date can be established by way of reference to the date of service of the notification – argued that whether waiver or estoppel could ever be relevant to making it unimpeachable - where service is impossible due to the failure of an applicant to engage with the system in accordance with law, a fundamentally different context presents itself - waiver is an inevitable result of such conduct unless the State is to be held to be paralysed from dealing with persons who abuse the system - such evasion of the law is the very reason why the date of leaving the State cannot be stated in the deportation order but must on any workable system be provided in an accompanying notice - not the function of the courts to impose impractical obligations on one side only - discretionary nature of judicial review – leave to appeal refused.