The High Court rules that two Somali nationals are entitled to their legal costs after they brought separate judicial reviews challenging “Return Orders” issued by the State. Judge Anthony Barr finds that the State fails to remove the applicants within the timeframe required for enacting the relevant orders. Because the State does not act within the six-month period set by law, the judge directs that the applicants receive their costs.
Both plaintiffs are unrelated, and the cases are heard together in terms of the costs decision. The court also states that neither applicant takes any steps that would remove or forfeit their entitlement to costs. Accordingly, the judge orders that the costs be awarded to the applicants.
The decision concerns the consequences of delay or inaction by the State in implementing the removal measures rather than the underlying merits of other issues raised in the judicial review proceedings.
