The High Court yesterday ordered the immediate release from Mountjoy Prison of a young pregnant Angolan woman, Ms Evelina Kanza.
Mrs Justice Finlay Geoghegan said Ms Kanza was being held in custody pending the hearing of a legal challenge by her husband, Mr Domingos Maqueto, against her proposed deportation by the Minister for Justice, Equality and Law Reform.
Mr Rory Mulcahy, counsel for the couple, told the court that Mr Maqueto had been granted refugee status by the Minister in October 2001 and was seeking a court order that Ms Kanza be allowed to live in Ireland with him as a result of their marriage in Dublin in May 2001.
Mr Conleth Bradley, counsel for the Minister, said Mr McDowell was asking that Ms Kanza remain in custody pending the processing and determination of her husband's judicial review application.
Judge Finlay Geoghegan said the authorities were aware that there was now a valid application from Ms Kanza for refugee status, a judicial review application by her husband and that she was pregnant.
She could not understand why Ms Kanza should be kept in detention pending determination of one or other of these two processes. Ordering Ms Kanza's immediate release, Judge Finlay Geoghegan directed she should reside at her address in Dublin 7.