Minister for Justice v Wang Zhu Jie

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Respondent/Defendant:Wang Zhu jie
Court/s:High Court, Supreme Court
Citation/s:[1993] 1 IR 426
Judgment Date/s:07 May 1991
Judge:Costello
Category:Deportation
Keywords:Deportation, Immigrant, Immigration, Immigration (Illegal)

Plain clothes Gardai (police) entered premises without a warrant, identified themselves and made immigration related enquiries. They arrested Mr. Wang who worked on the premises. The Defendant argued that the arrest was illegal because the Gardai were trespassing when they entered. The defence also challenged the legality of the Aliens Order 1946 claiming it was ultra vires the Aliens Act 1935.

The High Court found that the Gardai were legally on the premises because permission to enter the premises was given. The Court also held that arrests were permissible under the 1935 Act. Despite the High Court’s refusal of leave to appeal to the Supreme Court the applicant sought to appeal, but the Supreme Court found it had no authority to hear the proposed appeal.

Principles:

The Aliens Order 1946 is not ultra vires the Aliens Act 1935. Arrests are permissible under the 1935 Act.

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