Judgment: 2005-02-10 · Court archive

High Court grants leave to challenge deportation, refuses return injunction

The court found arguable grounds concerning access to judicial review before deportation, but made no final ruling on the substantive challenge.

The High Court · [2005] IEHC 37

Who, what, where, when and why

Who
  • Ireland
  • Michael Peart (Judge)
What

The court found arguable grounds concerning access to judicial review before deportation, but made no final ruling on the substantive challenge.

Where

Places mentioned in the report

  • Ireland
When

Judgment:

Other dates in the report
  • 15 November 2002; 10 January 2003

    The judge also recounted earlier events. The applicant’s solicitor averred that a proposed deportation notification was not received because the applicant was outside the State, and that notification of the deportation order was likewise not received while he was abroad. The order was made on or about 10 January 2003. The applicant had returned to Ireland on 15 November 2002 with two passports, was arrested and later released to re-enter, then left on 6 December. The judgment noted that different solicitors had been communicating with authorities about his movements.

  • 7 March 2003

    On 7 March 2003, the Minister’s office replied that it required the applicant’s written authorisation confirming the solicitor acted for him. The solicitor then told an official by telephone that he was obtaining that authorisation and it might arrive on 10 March. The applicant was removed from his cell and deported the next day, without prior notice to him or his legal adviser, according to the judgment.

  • 8 March 2003

    Mr Justice Michael Peart said the events surrounding the applicant’s deportation on 8 March 2003 raised substantial grounds to argue that he had been denied a reasonable opportunity to access the courts. The applicant had not begun judicial review proceedings when deported, but his solicitor had written to the Minister’s office seeking his file and saying he was instructed to commence proceedings. The solicitor warned that deportation before proceedings could be initiated would frustrate access to the courts.

Why

Reasons reported in the judgment

The judge also recounted earlier events. The applicant’s solicitor averred that a proposed deportation notification was not received because the applicant was outside the State, and that notification of the deportation order was likewise not received while he was abroad. The order was made on or about 10 January 2003. The applicant had returned to Ireland on 15 November 2002 with two passports, was arrested and later released to re-enter, then left on 6 December. The judgment noted that different solicitors had been communicating with authorities about his movements.

The High Court granted an applicant leave to pursue specified judicial review reliefs over his deportation from Ireland, extended the time for bringing the application, and refused an injunction requiring the Minister to allow him to return to the State. The judgment was a decision on leave, not a final determination of the challenge.

Mr Justice Michael Peart said the events surrounding the applicant’s deportation on 8 March 2003 raised substantial grounds to argue that he had been denied a reasonable opportunity to access the courts. The applicant had not begun judicial review proceedings when deported, but his solicitor had written to the Minister’s office seeking his file and saying he was instructed to commence proceedings. The solicitor warned that deportation before proceedings could be initiated would frustrate access to the courts.

On 7 March 2003, the Minister’s office replied that it required the applicant’s written authorisation confirming the solicitor acted for him. The solicitor then told an official by telephone that he was obtaining that authorisation and it might arrive on 10 March. The applicant was removed from his cell and deported the next day, without prior notice to him or his legal adviser, according to the judgment.

The judge also recounted earlier events. The applicant’s solicitor averred that a proposed deportation notification was not received because the applicant was outside the State, and that notification of the deportation order was likewise not received while he was abroad. The order was made on or about 10 January 2003. The applicant had returned to Ireland on 15 November 2002 with two passports, was arrested and later released to re-enter, then left on 6 December. The judgment noted that different solicitors had been communicating with authorities about his movements.

The judge said he would not detail the allegations about the applicant’s dealings with immigration and asylum procedures, to avoid trespassing on matters for the substantive hearing. He expressly said his views about the applicant’s candour should not influence the judge hearing that application.

Leave was granted for reliefs listed in specified paragraphs of the Statement of Grounds, on grounds listed in paragraph (e), subparagraphs 1–11. The court also extended the time limit under section 5 of the Illegal Immigrants (Trafficking) Act 2000. It declined at this stage to order the Minister to permit the applicant’s return, noting he was no longer relying on persecution and was able to instruct his lawyers. The substantive application remained to be heard.

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