Facts The applicant was a Chinese national who was living in the State for approximately 13 years, having overstayed his visa entitlements and had been working illegally. The applicant refused to cooperate in obtaining travel documents for him and it later transpired that he had another valid passport unknown to the Irish authorities. He was arrested and as arrangements were … Read More
Jin Liang Li v Governor of Cloverhill Prison
Li
| Respondent/Defendant: | Governor of Cloverhill Prison |
| Court/s: | High Court |
| Citation/s: | [2012] IEHC 493 |
| Nature of Proceedings: | Application pursuant to Article 40.4 of the Constitution |
| Judgment Date/s: | 28 Nov 2012 |
| Category: | Detention, Refugee Law |
| Keywords: | Asylum, Asylum (Application for), Detainee, Detention, Detention Facility, Enforcement Measure, Illegal Stay, Migrant (Illegally resident / staying), Non-national, Overstay(er), Refugee, Removal, Repatriation, Return (Forced), Third-Country national found to be illegally present |
| Country of Origin: | China |
| URL: | https://www.courts.ie/acc/alfresco/a7c7aa7f-d1f0-445a-a68d-2aa94dc25131/2012_IEHC_493_1.pdf/pdf#view=fitH |
| Principles: | The power to arrest an asylum applicant under section 9(8)(a) of the Refugee Act and detain him or her for up to 21 days is a form of preventive civil detention. Given the constitutional guarantee in Article 40.4.1 the objective necessity for such detention must be compellingly established. The constitutional considerations must inform, and by necessity, delimit these powers to arrest and detain a person. The words ‘public order’ are juxtaposed beside ‘national security’ and this meant that the phrase ‘public order’ must be given its narrower and more restricted meaning. In that context the reference to public order referred to the threat posed to fundamental state interests by the likely conduct or even, in particularly unusual cases, the very presence of the applicant for asylum in the State. Conduct which flouted the immigration regime, such as not cooperating or working illegally, was not conduct which threatened fundamental state interests. |