The High Court has refused an application by the Minister for Justice to require Pakistani visa applicant Muhammad Hamza to lodge security for legal costs before his judicial review challenge can proceed.
Hamza had secured an offer of employment as a chef de partie in an Irish restaurant and was granted a general employment permit valid from November 1, 2022 to October 31, 2024. His subsequent visa application was refused in January 2023, with that decision upheld on appeal in January 2024.
He was granted leave in June 2024 to seek judicial review, arguing among other things that proper regard was not given to the earlier grant of the employment permit.
The Minister later sought security for costs because Hamza is resident in Pakistan and, if unsuccessful, would not readily be subject to enforcement of an Irish costs order. The State estimated its party-and-party costs at €20,000 and sought one third, €6,670, as security. Hamza's solicitors said he could not afford that amount.
In a judgment delivered on January 14, 2026, Mr Justice Barry O'Donnell accepted that the State had established a prima facie defence and that Hamza was resident outside Ireland, the EU and the Lugano Convention area.
However, the judge said the decisive consideration was the practical effect of making the order. Because Hamza could not pay the security, his judicial review would effectively be terminated without the court ever deciding whether the visa refusal was lawful.
The court acknowledged that the State would face difficulty recovering costs if it successfully defended the case, but concluded that refusing security carried the lesser risk of injustice.
The security-for-costs application was therefore refused. The judge's preliminary view was that Hamza should receive his costs of the application, but that payment should be stayed until the main High Court proceedings are determined.