O. (O.) v. Minister for Justice, Equality and Law Reform & Ors

I am satisfied on the evidence that the report of the psychotherapist (hereinafter referred to as the report) was not available to the applicant's solicitor to be enclosed with the letter of 4 th July, 2002. On 4 th July, 2002 the Private Secretary to the first named respondent wrote to the applicant's solicitor advising him that his letter of 4 th July, 2002 was acknowledged and was receiving attention.

On 5 th July, 2002 a representative of the first named respondent wrote to the applicant's solicitor referring to the correspondence of the 4 th July, 2002 and indicating that the first named respondent did not intend to revoke the deportation order in respect of the applicant and as the arrangements for the removal of the applicant from the State was a Garda operational matter it was suggested that the applicant's solicitor contact the Garda National Immigration Bureau if there were any further queries.

It is particularly unfortunate that the report was not available prior to the deadline as imposed by the applicant's solicitor in his letter of 4 th July, 2002, especially as it was set out in the letter that the therapist had indicated that he would have a report in relation to the matter by "tomorrow" which would have been 5 th July.

Accordingly it is clear that prior to the application being made on the 8 th July, 2002 for leave to apply for judicial review the relevant report was available and was exhibited with the applicant's grounding affidavit.

It is in my view further unfortunate that both parties did not step backwards from the situation that was patently apparent as of Monday 8 th July, 2002 when the report was available and exhibited on the application for leave although I accept it was not actually furnished to the respondents until some short time thereafter.