Somali nationals entitled to legal costs over State’s inaction to remove them, High Court rules
The Irish High Court has ruled that two Somali nationals are entitled to legal costs after the State failed to execute deportation orders within the statutory six-month timeframe. The judge determined that because the State's delay rendered the deportation orders moot, the applicants should not be responsible for their own legal fees.
Why it matters
This ruling highlights administrative failures in the immigration system and clarifies the State's liability for legal costs in cases of procedural delay.
Two Somali nationals are entitled to the costs of their legal challenges to orders removing from Ireland, after the cases were rendered moot when the State failed to enact the orders inside the statutory time period.
At the High Court on Friday, Judge Anthony Barr ruled that the two plaintiffs, who are unrelated, should be awarded their costs for judicial reviews against the return orders, as the State did not enact them inside the required six-month period.
The legal challenges were taken by the two applicants against the Minister for Justice, Ireland and the Attorney General over the costs of their application to have the return orders judicially reviewed.
The judge, in ruling in favour of the two applicants represented by Brian Burns of BKC solicitors, said the matter had become moot, therefore rendering the judicial review challenge proceedings inoperable.
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