Revocation of deportation order renders appeal moot

Denham CJ (majority judgment): Judicial review – asylum and immigration – appeal of decision by High Court (Cooke J) to refuse judicial review of Minister for Justice’s decision to make deportation order against father of two Irish children – deportation order no longer exists - whether appeal is moot – whether an exceptional cases where court will hear appeal even if moot – Minister revoked deportation order – jurisprudence of Supreme Court that it will not give advisory opinions except in exceptional circumstances – whether appeal should be heard to determine costs.

"There is no matter left in issue between the parties. Thus, the appeal is moot and, accordingly, the general rule should apply and the appeal should not be heard. While the Court has a discretion to hear and determine a moot case in exceptional circumstances, no such exception arises in this case."

McKechnie J. (concurring): Minister revoked deportation order prior to appeal hearing and granted father permission to temporarily reside in this jurisdiction - appeal was moot – mootness - policy of not giving advisory opinions - rule of mootness is not absolute – discretion of the Court – factors which will influence the Court’s discretion – whether the Court should determine the appeal in order to decide whether the High Court costs order should stand.