The High Court declared that the temporary release of an anonymised Nigerian man from prison to facilitate his deportation was made for an unlawful purpose. It did not quash the release order, saying it would be inappropriate to do so because that could effectively direct him back to prison if he returned to Ireland. The court said it would hear the parties about what further hearing might be required.
The judicial review was brought by the man, his partner and their minor child. At the parties’ request, the judgment dealt only with whether his release from prison was lawful, not the legality of the deportation order itself.
The man was serving a three-year sentence, with 18 months suspended, for assault. In March 2015, while he was in the Midlands Prison, he was released on a request from the Garda National Immigration Bureau (GNIB) and deported to Lagos. The prison service described the release as “full temporary release”, meaning he would not have to serve the balance of his sentence or return to prison. The documents recorded that he was due for release on 18 August 2015.
The man had applied to have his deportation order revoked, citing his family circumstances and rights under EU law. The Department of Justice said the representations, including a slightly late submission, had been considered and the decision to reject the application had been completed on 4 March. The decision was communicated to his solicitors on 11 March, the day he was deported. The judgment said the delay left no opportunity to seek legal advice or meaningfully access the courts to challenge the revocation decision before his removal.
The State argued that the release was lawful as preparation for his eventual release from prison. The judge rejected that explanation. He found the sole purpose was to facilitate immediate deportation and that the transfer from prison to GNIB custody did not prepare the man for release at the end of his sentence.
The court held that the statutory scheme permitted temporary release only for specified purposes and did not include deportation. It declared the temporary release order unlawful, but declined to make the requested order of certiorari quashing it. The judgment did not determine the separate challenge to the deportation order.