Immigration costs rulings spark concern over access to justice

Wendy Lyon

Mr Justice David Keane declined to make an order for costs in three immigration cases after finding it was not reasonable for the applicants to take legal action.

Wendy Lyon, a solicitor at KOD Lyons in Dublin who specialises in immigration and refugee law, said the rulings raised an important access to justice issue.

She said: “Many immigration clients don’t have the money to pay for lawyers so it’s essential that they would have a reasonable expectation of being awarded legal costs when bringing a valid claim.”

Ms Lyon said she was “particularly alarmed” by the decision in Delsoz -v- The Garda National Immigration Bureau [2018] IEHC 492.

Gulsanga Delsoz, whose Article 40 Inquiry into the lawfulness of her detention was rendered moot, lost her application for costs earlier this month.

Mr Justice Keane also refused to make an order for costs in the cases of Lufeyo & anor -v- The Minister for Justice and Equality [2018] IEHC 491 and Okolie & anor -v- The Minister for Justice and Equality [2018] IEHC 490, where proceedings were also rendered moot.

Ms Lyon said: “The Delsoz decision particularly alarms me - Judge Keane says he finds the argument ‘compelling’ that her detention was unlawful, but nonetheless says she should have proceeded by way of correspondence instead of habeas corpus.

“This is one of the most fundamental rights in our legal system and the idea that someone might be financially precluded from pursuing an immediate remedy is something that I think we should all be concerned about.”