Two Somali nationals have been awarded legal costs after the Irish State failed to execute deportation orders within the required statutory timeframe. A judge ruled that the State’s “inaction” rendered the applicants’ judicial review challenges moot, making the Minister for Justice and the Attorney General liable for the legal fees.
Court Rules State Inaction Rendered Deportation Orders Moot
The High Court determined that the State failed to execute return orders for two Somali nationals during their period of operative validity. According to the judgment, the court was not informed why the Minister for Justice did not carry out the removals. Because the statutory window for the orders expired, the legal challenges to those orders became inoperable.
The applicants were represented by Brian Burns of BKC solicitors. While the Chief State Solicitor proposed striking out the cases with no order as to costs—meaning each party would pay their own fees—the applicants refused. They argued the failure to execute the orders was a “unilateral” failing by the State.
Did you know? In legal terms, a case becomes “moot” when the issue has already been resolved or the circumstances have changed such that a court’s decision would no longer have a practical effect.
Timeline of the Judicial Review Challenges
The court reviewed two separate timelines that highlighted the State’s delay in executing the return orders:
- First Applicant (Female): Issued a return order on April 30, 2025. She obtained High Court leave to challenge the order on September 2 of that year. The State was notified 10 days later. Her proceedings were declared moot on November 8, 2025.
- Second Applicant (Male): Issued a return order on May 28, 2025. He obtained leave to challenge the order on September 15. His challenge was declared moot on December 5.
The judge stated that neither applicant acted in any way to disentitle them from their costs, noting there were no “extraneous events” affecting the outcome.
Implications for Irish Immigration Law and State Liability
This ruling underscores the strict adherence required for statutory time limits in deportation proceedings. When the State fails to act within the legal window, it risks not only the failure of the removal but also financial liability for the legal costs of the challenge.
According to the judgment, the award of costs is limited to the dates when each case became moot. This prevents the State from avoiding payment based on the fact that the judicial review was no longer necessary to decide.
Pro Tip: For those tracking immigration trends, the “mootness” of a case often hinges on the administrative efficiency of the government agency involved. Delays in execution can frequently shift the financial burden of litigation back to the State.
Frequently Asked Questions
Why were the Somali nationals awarded legal costs?
The judge found a “unilateral” failing by the State to execute return orders within the legal timeframe, making the legal challenges moot due to State inaction.
What does it mean for a case to be “moot”?
It means the legal issue is no longer active or relevant because the circumstances have changed—in this case, the deportation orders expired.
Who represented the applicants in this case?
The applicants were represented by Brian Burns of BKC solicitors.
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