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Court of Appeal upholds the High Court's decision to make no order as to costs in a case where judicial review proceedings became moot following the Minister's decision on a residence application. The appellants argued that the proceedings were rendered moot by the Minister's earlier undertaking not to deport the first named appellant, which they claimed was a direct result of the proceedings. However, the Court found that the proceedings did not become moot until the Minister's decision on the residence application, which was made in the ordinary course of events and not due to the judicial review. Consequently, there was no causal link between the proceedings and the decision that rendered the case moot, leading to the dismissal of the appeal for costs.
Court of Appeal - judicial review - moot proceedings - costs - Minister's decision - residence application - undertaking not to deport - causal link - High Court - declaratory relief - injunction - Immigration Act 1999 - European Communities (Free Movement of Persons) Regulation 2015 - Zambrano case - EU law - family relationships - statutory authorities - Cunningham v. President of the Circuit Court - Godsil v. Ireland - Matta v. Minister for Justice and Equality - P.T. v. Wicklow County Council.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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