Somali woman's compensation case struck out

A SOMALI woman is not proceeding with a High Court claim for damages against the State over admitted "profound systems failures" in the Department of Justice which, she had alleged, meant members of her family had to remain in Ethiopia unnecessarily over a three-year period when they could have been with her in Ireland.

After the woman, who has refugee status here, took High Court proceedings in July, the man and three children referred to as her extended family were permitted to come here some months ago.

It is understood an investigation by immigration personnel subsequently commenced into the woman's claims because of uncertainty over the exact relationship of the woman to the man and children.

At the High Court yesterday, the woman's action for damages and declarations was briefly mentioned before Mr Justice John Hedigan who was told by Sara Moorhead SC, for the Minister for Justice, the action could be struck out on consent with no order.

The judge struck out the case on that basis.

Last July, the Minister for Justice apologised, via his counsel, before the court over "profound systems failures" within his department which, the woman claimed, resulted in her husband and three children being unnecessarily left in Ethiopia for three years when visas had been issued in August 2005 for them to join her in Ireland.

The 30-year-old Somali woman had fled Somalia in 2003 and secured refugee status here in 2004. She was in court to hear Ms Moorhead, for the Minister, say he "sincerely apologises" to her over what had happened.

"We have no excuses for it," counsel said, adding it was not a question of delay as the visas had been processed.

Without prejudice, counsel also said the Minister did not dispute the woman's version of events and that she had contacted the department.

The visas for the man and three children were reissued in July and collected and the woman was reunited with them here in recent months. The woman had said the children included two of her own children, aged eight and nine, and her adopted child - her deceased brother-in-law's daughter aged 16.

After applying for her extended family to join her here under the family reunification process, the woman had made several unsuccessful efforts throughout 2005, 2006 and 2007 to find out what was happening to her application.

The Refugee Information Service had also in July 2007 written to the department on her behalf outlining her anxiety.

The department failed to reply to several letters from her and her solicitors and it was only in late 2007, when her solicitors secured her department file under the Freedom of Information Act, that the woman realised the department had issued the visas in August 2005.

The woman's solicitors continued to press the department on the matter and ultimately took her High Court action to compel the reissuing of the visas.

In her action, she sought damages, including aggravated damages, for alleged breaches of provisions of the Refugee Act 1996, the Constitution and the European Convention on Human Rights in the treatment of her case.