Jailed South African father of two to be deported
Published 10/08/2016 | 02:30
A South African man, jailed for possession and the sale of drugs, has lost a legal challenge in the High Court against a deportation order that will see him sent home while his two Irish-born children remain in Ireland.
Mr Justice Richard Humphreys said the applicant and his wife, who is also South African, married in their home country and came to Ireland in the late 1990s. They had two children in the State.
The man had applied for and was refused refugee status, and lost an appeal against the decision, but had been granted leave to remain on the basis of being the father of an Irish citizen child. He had made two applications for a certificate of naturalisation which had both been refused.
The judge said the man, who cannot be identified for legal reasons, was then convicted of the drug-related offences following a trial by jury and had been imprisoned.
The man had later been granted enhanced remission of sentence by the Justice Minister who had already issued a "proposal" to deport him. The deportation order was formally made against him later.
Judge Humphreys said the man had legally challenged his deportation claiming the Justice Minister's decision to deport him was in contradiction with the fact that she, through the Irish Prison Services, had granted him enhanced remission in "recognition of a reduced risk of reoffending and in recognition of his efforts at rehabilitation".
The judge said the minister had based her deportation order on a series of reasons including the seriousness of the man's offence and his failure to acknowledge responsibility for it as he had maintained his innocence, contending there had been a miscarriage of justice.