A High Court judge is to refer a number of questions relating to complex legislation dealing with asylum-seekers to the Supreme Court.
Mr Justice Smyth said yesterday he would seek the Supreme Court's views on several matters concerning a number of cases where asylum-seekers had asked the court to review deportation decisions.
He indicated he would ask the Supreme Court whether proper procedures were followed in cases which straddled the period between the 1996 Refugee Act and later legislation.
Mr Justice Smyth will also ask whether individuals challenging deportation orders should have to provide stronger grounds when applying to the High Court for a review of ministerial decisions.
The Supreme Court will be further asked whether the reasons given in the standard letter issued by the Minister for Justice when informing asylum-seekers of a deportation order are sufficient to meet statutory requirements.
The letter, which has been challenged in many cases, states the Minister is satisfied the "interests of public policy and the common good in maintaining the integrity of the asylum and immigration systems outweigh such features of your case as might tend to support your being granted leave to remain".
Another question concerns the propriety of joining a constitutional challenge to judicial review proceedings.
Mr Justice Smyth indicated to counsel representing a number of applicants and the State that he would hear suggestions from them later in relation to the questions to be formulated for the Supreme Court.
He added he would put a stay on the deportation orders, which are being challenged in the proceedings before him pending the Supreme Court hearing. There would be no question of the applicants being "whisked away", he said.