The High Court ruled that Stanescu Rostas was lawfully detained at Cloverhill Prison while arrangements were made for his removal from Ireland. The Article 40.4.2º application challenged the legality of his continuing detention under a detention order dated 10 February 2016.
Mr Justice Max Barrett delivered the judgment on 18 February 2016. He found that a removal and exclusion order made against Mr Rostas in 2012 remained in force under transitional provisions in the European Communities (Free Movement of Persons) Regulations 2015. The order barred him from re-entering Ireland for five years from the date he was removed.
Mr Rostas was removed on 18 August 2015. The judgment says he returned to Ireland before the five-year exclusion period expired. On 10 February 2016, Gardaí arrested him under the 2015 regulations for the purpose of ensuring his departure. The court accepted Garda John Burke’s evidence that an interpreter was present, the basis for the arrest was explained, and Mr Rostas understood that he was being arrested for removal.
His solicitor argued that the earlier order had already been executed and could not be used again, and that the detention order did not set out enough detail to show the basis for detention. The court rejected those arguments. It held that the 2012 order continued to exist under the 2015 regulations, so the arrest was not an attempt to revive a spent order. It also found that the detention order sufficiently stated that Mr Rostas was subject to a removal order, was being held pending removal, and had failed to comply with a notification requirement.
The judgment records that other arguments about a further review of the removal order were not being pursued at the hearing. It notes that the Minister had affirmed the basis for the order on 18 February 2014.
The court’s decision was limited to the legality of Mr Rostas’ detention at that time. It concluded that his continuing detention under the 10 February 2016 order was lawful.