Adesoji v Min for Justice and Others

• Jurisdiction: Ireland
• Judge: MR. JUSTICE T.C. SMYTH
• Judgment Date: 31 January 2002
• Neutral Citation: [2002] IEHC 129
• Court: High Court
• Date: 31 January 2002

[2002] IEHC 129

THE HIGH COURT

Record No.208SS/2002

ADESOJI v. MIN FOR JUSTICE & ORS

Between/

FEMI ADESOJI

Applicant

-and-

THE MINISTER FOR JUSTICE EQUALITY AND LAW REFORM, THE GOVERNOR OF MOUNTJOY PRISON, IRELAND AND THE ATTORNEY GENERAL

Respondent

Citations:

CONSTITUTION ART 40

REFUGEE ACT 1996 S5

IMMIGRATION ACT 1999 S3(6)

IMMIGRATION ACT 1999 S3(ix)(a)(i)

IMMIGRATION ACT 1999 S5(1)

FAMILY LAW ACT 1991 S33(1)

FAMILY LAW ACT 1991 S32(1)(a)

Synopsis:

IMMIGRATION

Deportation

Habeas corpus application - Detention - Asylum - Marriage to Irish citizen - Whether accused unlawfully detained - Refugee Act, 1996 - Bunreacht na hÉireann, 1937 article 40 (2002/208SS - Smyth J - 31/01/2002)

Adesoji v Minister for Justice, Equality and Law Reform

Facts: The applicant had applied for refugee status and his application was refused. The State authorities sought to deport him and a deportation order was made. Judicial review proceedings were initiated by the applicant which were dismissed. Subsequently the applicant was arrested when he arrived at a registry office on the day that he intended to get married and was taken into custody. Proceedings were taken to challenge the detention of the applicant.

Held by Smyth J in refusing the application. The applicant had been shown the deportation order and knew why he was being arrested. The detention order made in respect of the applicant was valid.

DRAFT JUDGMENT DELIVERED BY

MR. JUSTICE T.C. SMYTH ON THURSDAY 31ST JANUARY 2002

1 I hereby certify the following to be a true and accurate transcript of my shorthand notes of the evidence in the above-named action.

APPEARANCES

For the Applicant:

MR. HENRY ABBOTT SC

MR. RICARDO DOURADO BL

Instructed by:

Cathal O'Neill & Co.

Solicitors

10 Church Avenue

Rathmines

For the Respondent:

MR. ROBERT BARRON BL

Instructed by:

Chief State Solicitors

Dublin Castle

2 MR. JUSTICE SMYTH: This is matter comes before the Court by way of a matter of an inquiry under Article 40 of the Constitution in respect of which the initial application was made last evening.

3 The historical background of the case is as follows. The Applicant is a Nigerian national who has been in Ireland since 1999. He applied for refugee status. This application was dismissed. He continued on to remain in Ireland until a stage arrived where a Deportation Order was made by the Minister for Justice on 11th July 2001.

4 In respect of that Order, Judicial Review proceedings were begun on or about 23rd October 2001. The matter came before the Court on either 9th November 2001 or, as elsewhere suggested, 26th November 2001. The Applicant at that stage was represented by solicitor and Counsel. The Order of the Court was to dismiss the application. Thereafter, the Immigration Division Repatriation Unit of the Department of Justice notified the Applicant by letter dated 23rd November 2001 that the Order that had been challenged and in respect of which the Judicial Review proceedings had failed was going to be implemented and the letter indicated in the terms following concerning the decision of the Minister:

"In reaching this decision, the Minister has satisfied himself that the provisions of Section 5 (Prohibition of Refoulment) of the Refugee Act 1996are complied with in your case. The reasons for the Minister's decision are that you are a person whose refugee status has been refused and, having had regard to the factors set out in Section 3(6) of the Immigration Act 1999, including the representations received on your behalf, the Minister is satisfied that the interests of public policy and the common good in maintaining the integrity of the asylum and immigration systems outweigh such features of your case as might tend to support your being granted leave to remain in this State.

Please note the following requirements under the provisions of Section 3 (ix) (a) (i) of the Immigration Act 1999(as inserted by the Illegal Immigrants Trafficking Act 2000):-

You are required to present yourself to the Member in Charge, Naas Garda Station, Naas, Co. Kildare, on Friday 30th November 2001 at 2:30 p.m. to make arrangements for your deportation from the State.

You are required to produce at that appointment any travel documents, passports, travel tickets or other documentation in your possession which may facilitate your deportation from the State.

You are required to cooperate in any way necessary to enable a Member of An Garda Siochana or Immigration Officer to obtain a travel document, travel ticket or other document required for the purpose of such deportation.

You are required to reside at the above address pending your removal from the State, that address being 10, the Waterfront, Basin Street, Naas, Co. Kildare."

5 The letter proceeds:

"A Member of the Garda Siochana or an Immigration Officer may require you in writing, if he or she considers it necessary for the purpose of ensuring your deportation to comply with any further conditions as outlined in Section 3 (ix) (a) (i) of the Act referred to above.

When satisfactory documentation has been organised, arrangements will be put in place to effect your deportation not later than Friday 28th December 2001. If you fail to comply with any of the provisions of the Deportation Order or with the requirement in this notice, an Immigration Officer or a Member of An Garda Siochana may arrest, and detain you without warrant in accordance with Section 5 (i) of the Immigration Act 1999(as amended by the Illegal Immigrants Trafficking Act 2000). It is also an offence of the Immigration Act 1999to obstruct or hinder a person authorised by the Minister to deport you from the State."

6 In order of date, the next event appears to have been that an ex parte application was made to the Judge of the South Eastern Circuit under the provisions of Section 33(1) of the Family Law Act 1991 whereby the period of time for the giving notice of a proposed marriage was abridged and a certain exemption given for the provisions of Section 32(1) (a) of that Act, an order was made to that effect on 18th January 2002. The marriage licence was dated 22nd January 2002. I am not concerned about matters that are appropriate...