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

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

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.

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