Court urged to overturn deportation orders
The High Court was asked today to quash deportation orders against six Nigerian nationals who were sent home on a late-night chartered flight in April.
Lawyers for the Nigerians claim they were repatriated despite a last-minute court order blocking their deportation in the early hours of April 7.
It is also claimed that mobile phones were seized from the deportees and that three notification faxes about the court order were either lost or destroyed by immigration gardaí.
Counsel for the State denied the allegations and argued that the ex parte application had been overtaken by events as the Nigerians’ flight had already left Dublin Airport at the time.
Senior Garda National Immigration Bureau today denied in cross examination by Michael Forde, SC, that there was a breakdown in internal communication in relation to the faxes.
Det Supt Gerry Caden, who had overall charge of the operation, said he had no knowledge about the court orders until the repatriation process was completed.
He added: “Once a person is deported, I don’t have any authority under current legislation to bring them back.”
He insisted under cross-examination that the deportees were treated fairly and respectfully and that he had liaised with senior officials from the Nigerian Embassy during the operation.
Det Garda Cormac Ryan said he was following correct procedure when he searched one deportee before he boarded the flight and confiscated his mobile phone “for security reasons".
He denied he prevented anybody in the repatriation party from seeking legal advice.
Justice Michael Peart has already reserved judgement on an application to jail the Garda Commissioner Noel Conroy for alleged contempt of court following the late-night deportation.
The hearing continues tomorrow.
