Facts: The applicant sought an inquiry pursuant to Article 40.4 of the Constitution into the legality of her detention following her arrest under s. 5 of the Immigration Act 1999 for evading deportation. She claimed that her detention was unlawful because the arresting Garda had unlawfully entered her apartment and placed her under de facto arrest and detention, before bringing … Read More
Omar v Governor of Cloverhill Prison and the Garda National Immigration Bureau
| Respondent/Defendant: | Governor of Cloverhill Prison and the Garda National Immigration Bureau |
| Court/s: | High Court |
| Citation/s: | [2014] IEHC 215 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 11 Apr 2014 |
| Judge: | MacEochaidh J. |
| Category: | Deportation, Detention |
| Keywords: | Deportation, Deportation Order, Detainee, Detention |
| Country of Origin: | Tanzania |
| URL: | http://www.courts.ie/Judgments.nsf/0/239BC78A48BE7C0280257CD3002D9379 |
| Geographic Focus: | Ireland |
| Principles: | A person who invites a member of An Garda Siochana into a dwelling and then voluntarily accompanies him or her to a Garda station, where he or she is discovered to be evading deportation and then arrested and detained pursuant to s. 5(1) of the Immigration Act 1999, cannot tenably claim that that arrest and detention are unlawful. |