Section 206: Deportation – Order executed prior to hearing and without knowledge

206. Deportation – Order executed prior to hearing and without knowledge of Court—The second applicant, who was 8 months pregnant, had applied to the Court to challenge a decision ordering her deportation. On 14 July 1993 the case was adjourned until 16 July 1993 and the Court ordered that it be kept informed of any developments occurring between 14 and 16 July. The case was heard at 9 am on 16 July but shortly afterwards it was discovered that the second applicant had been deported by the authorities the previous evening. The issue was whether the matter should be referred to the Director of Public Prosecutions to consider contempt proceedings. HELD the Court, which was not informed of the decision to carry out the deportation of the applicant, has been deprived of its jurisdiction by a deliberate act of the Executive. Jogee v Government of Mauritius (1993).