Stay on deportation vacated where statutory obligations were not complied with on ex parte application

Asylum and immigration – judicial review – Nepalese student came to the State on a student permission – permission expired – sought renewal – not positively refused – notice of intention to deport – deportation order made – failed to present on required days – presented on other days - applied to Court for a stay on the deportation order - leave to seek judicial review adjourned - State was not put on even informal notice of the intention to seek a stay – adjournments in the list - application for an extension of time to seek leave to seek judicial review – Minister brought an application to discharge stay – whether the stay should be discharged – argued stays in judicial review should only be granted after the grant of leave - day of narrow legalistic restrictions based on the particular wordings of rules of court is over - court most certainly had jurisdiction to grant the stay originally - failure to comply with his statutory presentation requirements - failure to inform the court when getting the stay ex parte of his breach of those obligations - too casual approach to his legal obligations - should have made sure to adequately inform the court of such failures - obligation of disclosure in an ex parte application - maintaining the stay is thus inappropriate - existing stay is in too wide terms in the circumstances - any stay needs to be conditional on an applicant’s continued presentation – Court ordered that the ex parte stay be vacated – leave application adjourned –