Kayirici v Commissioner of Corrective Services

The case of Kayirici v Commissioner of Corrective Services involved an inmate who was terminally ill and sought permission for personal visits from his sister. The Commissioner of Corrective Services initially denied this request, but after the plaintiff initiated judicial review proceedings, the Commissioner revised his decision to allow visits via Audio-Visual Linkage (AVL). Due to the ongoing COVID-19 pandemic, personal visits were not permitted for any inmate, meaning the revised decision effectively provided the plaintiff with the same benefit as all other inmates.

The legal issues at the heart of this case centred on whether the Commissioner's initial refusal to permit personal visits constituted an error of law or was otherwise unjustifiable. Additionally, the court needed to determine if the revised decision, permitting AVL visits, was appropriate given the prevailing COVID-19 restrictions.

The court considered that the Commissioner's initial decision was subject to review, particularly if it was based on an error of law or was otherwise irrational or unjustifiable. However, the Commissioner's decision to allow AVL visits following the commencement of proceedings, which aligned with the general policy on inmate visits during the pandemic, was deemed reasonable. The court concluded that the revised decision did not provide any additional benefit to the plaintiff that was not available to other inmates, thus rendering the judicial review proceedings moot. Consequently, the court dismissed the proceedings, finding no grounds for further judicial intervention.