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Stay on deportation order refused pending Supreme Court appeal application
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The High Court refused an application by an individual subject to a deportation order seeking a stay on their removal from the State while they pursued an application to the Supreme Court for leave to appeal a previous refusal of leave to apply for judicial review and injunctive relief. The court found that the arguments advanced, including issues regarding notification in the applicant's language and the consequences of deportation, did not outweigh the public interest in the regular and orderly enforcement of the deportation order. The applicant's situation did not present exceptional circumstances or demonstrate a risk of injustice sufficient to justify the stay. The rationale centred on the fact that the requirements for notification had been met, the opportunities for legal challenge had been exhausted, and the statutory scheme provided for an orderly process of removal. The Respondent, having succeeded, was presumptively entitled to costs.
deportation order – stay application – interlocutory injunction – judicial review – leave to apply – International Protection Act 2015 – Illegal Immigrants (Trafficking) Act 2000 – statutory interpretation – notification in a language applicant understands – public interest – potential injustice – orderly implementation of law – costs – Rules of the Superior Courts (RSC) – Legal Services Regulation Act 2015
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.
