This case involved an application brought under Article 40.4.2 of the Constitution of Ireland. The Applicant, Ervis Troci, an Albanian national, was arrested pursuant to s. 5(1) (d) of the Immigration Act 1999. He had sought asylum, and his application had been rejected and he subsequently sought to remain in the State for humanitarian reasons. While in the State, the … Read More
Troci v Governor of Cloverhill Prison
| Respondent/Defendant: | Governor of Cloverhill Prison |
| Court/s: | High Court |
| Citation/s: | Unreported High Court (Hogan J) 2nd November 2011 2011 IEHC 405 |
| Nature of Proceedings: | Article 40.4.2 Enquiry |
| Judgment Date/s: | 02 Nov 2011 |
| Judge: | Hogan G. |
| Category: | Deportation |
| Keywords: | Deportation, Deportation Order, Detainee, Detention, Entry Ban, Expulsion, Expulsion Decision, Family Life (Right to), Family Unity (Right to), Third-Country National, Third-Country national found to be illegally present, Union Citizen |
| Country of Origin: | Albania |
| URL: | https://www.courts.ie/acc/alfresco/2cb16ab5-b669-4336-a856-160050889e46/2011_IEHC_405_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | The suspicion on the part of an immigration officer or member of the Garda Siochana underpinning the arrest of a person against whom a deportation order is in force under s. 5(1)(d) of the Immigration Act 1999, must refer to some overt act or deed, including statements, on the part of the arrested person, or some external piece of intelligence which suggests that there is a risk that such a person will seek to evade deportation. |