An Algerian asylum-seeker arrested as he was about to marry a Garda sergeant has been released after a brief habeas corpus application in the High Court.
This follows an ex-parte application last Friday before Ms Justice Finlay Geoghegan, seeking an inquiry into the holding of Mr Mohammed Laihem in Limerick prison under section 40.4 of the Constitution.
That hearing was adjourned until yesterday to allow the State to enter a defence. When the case was called, the State did not contest the application and Mr Laihem was released unconditionally.
Mr Laihem was about to marry Sgt Helen Holden in Limerick Register Office on January 20th last when he was arrested by gardaí from the Immigration Department in Limerick. He has been held since in Limerick prison and was facing deportation.
He has been in Ireland since March 2001, when he filed an application for refugee status. This was not considered as he failed to turn up for interview. According to the affidavit on which his application was based, he never received notification of it due to a change of address.
Following the rejection of his application in his absence, he applied to have it re- entered, but this was refused.
Meanwhile he had met Sgt Holden and the couple decided to marry as soon as she could obtain a divorce. They were married in Limerick mosque according to Islamic rites last November, but were awaiting the finalisation of her divorce to have a civil marriage. This came through in early January.
The Department of Justice issued a letter to Mr Laihem's solicitors, the Refugee Legal Service, on January 10th advising them of its decision to deport him. However, this was not received and no deportation order was received by Mr Laihem either, according to the affidavit from his solicitor, Mr Derek Stewart.
Proceedings have now begun challenging the deportation order.