Bennetts v Governor of Cloverhill Prison and Others

• Jurisdiction: Ireland
• Judge: MR. JUSTICE BIRMINGHAM
• Judgment Date: 20 June 2008
• Neutral Citation: [2008] IEHC 227
• Court: High Court
• Date: 20 June 2008

[2008] IEHC 227

THE HIGH COURT

[863 SS/2008]

Bennetts v Governor of Cloverhill Prison & Ors

BETWEEN

BRYAN DAVID BENNETTS

APPLICANT

AND

THE GOVERNOR OF CLOVERHILL PRISON, DISTRICT JUDGE WILLIAM EARLY, and THE MINISTER FOR JUSTICE, EQUALITY & LAW REFORM

RESPONDENTS

CONSTITUTION ART 40

REFUGEE ACT 1996 S9

REFUGEE ACT 1996 S9(8)(a)

REFUGEE ACT 1996 S9(8)(b)

ARRA v GOVERNOR OF CLOVERHILL PRISON & ORS 2005 1 IR 379

ADEGJEBA v DEEREY & ORS UNREP DUNNE 6.4.2006

CONVENTION ON THE STATUS OF REFUGEES & STATELESS PERSONS 1951 (GENEVA CONVENTION) ART 1F(b)

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 S3

BAIL ACT 1997

CONSTITUTIONAL LAW

Liberty

Lawfulness of detention - District Court Judge - Whether judge satisfied that applicant posed threat to public order in State and had committed serious non-political crime outside State - Whether court should substitute own views for that of District Court Judge - Whether conclusion reached by District Court Judge irrational or appeared to fly in face of reason and common sense - Whether offences that prompted decision to arrest and detain applicant offences that could properly be called serious offences - Constitution of Ireland 1937, art 40.4 - Arra v Governor of Cloverhill Prison [2005] IEHC 12, [2005] 1 IR 379 considered - Refugee Act 1996 (No 17), s 9 - Relief refused (2008/863SS - Birmingham J- 20/6/2008) [2008] IEHC 227

Bennetts v Governor of Cloverhill Prison

The applicant was detained pursuant to s. 9(8)(a) and (b) of the Refugee Act,1996 in the belief that he posed a threat to public order. Such detention was confirmed by order of the District Court. He had a background of criminal offences in a number of countries. He was referred by airport to the Office of the Refugee Applications and was interviewed by a detective garda. The applicant challenged his detention under Article 40 of the Constitution.

Held by Birmingham J in confirming the detention order as lawful and refusing his release under Article 40. The decision of the District Judge that he was satisfied to continue to detain the applicant are offences that can properly called serious and comply with the requirements of the section 9 requirements. Arra v the Governor of Cloverhill Prison [2005] 1 IR 379 and Adejegba v Judge Deerey & Ors (HC (Dunne J) 6/04/06 unrep) considered.

Reporter: BD

EX TEMPORE JUDGMENT OF

1 This matter comes before the Court as an Article 40 inquiry. The applicant is currently detained in Cloverhill prison. An inquiry was directed earlier this week and the Deputy Governor of Cloverhill prison has indicated and certified that the detention is pursuant to section 9 of the Refugee Act 1996 (as amended). He has produced the Order of the District Court providing for that detention. In that Order, the Judge of the District Court recited that he is satisfied that the applicant poses a threat to public order in the State and has committed a serious non-political crime outside the State.

2 As will emerge, the applicant in this case was arrested by a member of the Garda National Immigration Bureau ("GNIB"). That member's information to the District Court indicates that he, too, was of the view that a serious non-political crime had been committed outside the State and that the applicant poses a threat to public order in the State.

Factual Background

3 The applicant is apparently a national of South Africa who came to this State on 20 ^th May 2008. On arrival, he applied for asylum at Dublin Airport. It seems that he was referred from the Airport to the Office of the Refugee Applications Commissioner ("ORAC") where, on the following day, he was met by Detective Garda Brendan O'Somachain. Thereafter, an interview that took place, and the Detective Garda took the view that he had reasonable grounds to suspect that the applicant posed a threat to public order in the State and that he had committed a serious non-political crime outside the State. He made a decision to detain him pursuant to section 9(8)(a) and (b) of the Refugee Act 1996, as amended.

4 The circumstances in which Detective Garda O'Somachain came to that decision would seem to be as follows. The applicant, as I have noted, is a South African national, but it seems that he has spent a very large number of years in the United States and, indeed, that he has served in the United States defence forces. It appears that his arrival in Ireland from South Africa comes against a background where he was deported from Australia to the United States and then from the United States - from Atlanta, Georgia - to South Africa.

5 The background to those deportations is that it appears that the applicant found himself in trouble with the law in Australia and was convicted in April 2007 of a number of offences. Four of the offences in respect of which he was convicted are offences, of...