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Questions concerning circumstances in which a substantive injunction as a final order can be granted to restrain deportation are of exceptional public importance

By: James Cross BL

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High Court grants the State respondents leave to appeal decision granting an Indian national a substantive injunction, on the grounds that the questions concerning the circumstances in which a substantive injunction as a final order can be granted to restrain deportation are questions of exceptional public importance.

Asylum and immigration – judicial review – application for leave to appeal decision granting Indian national a substantive injunction – law governing applications for leave to appeal – argued that the questions were too general, don’t arise from the judgment and will be moot shortly - whether one can seek an amendment based on matters that subsequently arise including new reliefs not pleaded when the proceedings commenced - saves the expense of a second set of proceedings to challenge the later - whether the amendment will promote a resolution that enables the court to determine the real issues in question - classic error of conflating the distinction between the time for initiation of the proceedings and the possibility of later amendment – fact specific question - argues that the court should have started with the assumption that there should be no injunction and that the deportation order should be in force - did not establish any exceptional circumstances in the present case - circumstances in which a substantive injunction as a final order can be granted to restrain deportation - extension of time to appeal – leave to appeal granted.

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.

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