The State (Goertz) v Minister for Justice

JurisdictionIreland
Judgment Date23 April 1948
Date23 April 1948
CourtSupreme Court
(H. C., S. C.),
The State (Goertz)
and
Minister for Justice

Habeas corpus - Illegal entry into State - Arrest 18 months after entry - Detention by order of Minister for Justice - Release on conditional parole after 5 years - Subsequent employment within State - Orders made by Minister for arrest and deportation - Whether "ordinarily resident" within State - Aliens Act, 1935 (No. 14 of 1935), s. 5. sub-s. 5 - Aliens Order, 1935 (S. R. and Or., 1935, No. 108) -Aliens Order, 1946 (S. R. and Or., 1946, No.395).

  1. Sect. 5, sub-s. 5, of the Aliens Act, 1935, provides: —"An alien who is ordinarily resident in Saorstat Eireann and has been so resident for a period . . . of not less than five years and is for the time being employed in Saorstat Eireann . . . shall not be deported from Saorstat Eireann under an aliens order or an order made under an aliens order unless —. . . . . . . (c) three months' notice in writing of such deportation has been given by the Minister to such alien." The prosecutor, an alien and a member of the German Air Force, landed by parachute at an unauthorised place in Eire, contrary to Part II of the Aliens Order, 1935, and remained at large in Eire for about 18 months, when he was arrested and interned by order of the Minister for Justice. In August, 1946, a deportation order was served upon him but was not enforced. In September, 1946, while interned in Custume Barracks, Athlone, he was allowed out daily on parole, returning to the said barracks each night. With the permission of the Minister he left the said barracks in October, 1946, to visit friends in Dublin and shortly afterwards he was released from detention. In February, 1947, he became secretary, at a weekly salary, of a society having offices in Dublin where he resided until the 12th April, 1947, when he was again arrested. On the 9th April, 1947, the first-named respondent made two orders under art. 13 of the Aliens Order, 1946, one...

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