News Courts

Thursday 24 May 2018

Chinese takeaway owner in deportation case out of jail

The judge threw out McDonagh’s claim which meant the six other claims collapsed with it and were dismissed
The judge threw out McDonagh’s claim which meant the six other claims collapsed with it and were dismissed

Aodhan O Faolain

A Chinese takeaway owner who challenged the legality of his detention has been released from Castlerea Prison.

The challenge was brought by Yuntao Yu who had been detained at the Roscommon jail since March 25 last on foot of a deportation order issued in 2009.

On Tuesday the High Court granted Mr Yu's lawyers an inquiry into the lawfulness of his detention under Article 40.4.2 of the Constitution.

When the matter returned before Mr Justice Robert Haughton, barrister Gavin Keogh Bl said the arguments advanced on his client's behalf had been conceded by the State and the case could be struck out.

For the State, Anthony Moore Bl confirmed Mr Yu, a Chinese national, had been released on Tuesday night. Mr Yu has lived and worked in Ireland for 16 years and claimed his detention was unlawful as there was no realistic prospect he would be removed from the state within the requisite time-frame.

Based in Letterkenny, Co Donegal, he argued it was unlawful for persons subject to deportation orders to spend any more than 56 days in detention.

The 36-year-old had spent 44 days in prison in 2011 on foot of the 2009 deportation order.

He did not have any travel documents, including a passport which he needed before any deportation order could be effected.

As there was no possibility of Mr Yu being removed form the State within the required 56 days, his lawyers argued that his continued detention was unlawful and he should be released.

Irish Independent

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