The High Court has ordered the release from detention of two Romanians and a third Romanian's application for release is due to be heard by the court today. Mr Gerard Hogan SC, for Mr Pasca Bujor and Mr Pricop Danciu, said yesterday the two men were detained on December 17th in Wexford where they were staying following rejection of their application for asylum. As far as the two men were concerned, no decision had yet been taken on their appeal against the refusal.
They were not aware deportation orders were made until their detention. They were brought to a training unit in Dublin. On Dec ember 18th, the High Court made a temporary order restraining their removal. Mr Hogan was applying for orders under Article 40 of the Constitution for the men's release. They did not understand why they should be detained following the order restraining their removal from the State.
Mr Maurice Collins, for the State, said it was not the desire of the Minister for Justice, Equality and Law Reform that either man should be detained for a prolonged period. The intention had been that they would be removed as speedily as possible. Their detention in the training unit was part of the process of deportation. The State believed the pair were lawfully detained.
Mr Justice Kelly said it appeared unlikely the men would be deported until there was a determination in a case which concerned the constitutionality of the deportation power in the 1935 Aliens Act and a 1946 Aliens Order.
Mr Justice Geoghegan had re served judgment and his decision could have a profound effect on the applications of these two men. Mr Justice Kelly had no doubt it was still the Minister's intention to remove them but the question remained if that intention might be nullified by that case.
It had not been argued that the men would not be amenable to further orders made by the court or the Minister. He directed they be released and that they report daily to the Garda station nearest their place of residence. He adjourned an application for leave to seek a judicial review of the Minister's orders to January 11th. Mr Justice Kelly also made a conditional order requiring that the Governor of Mountjoy prison produce another Romanian, Mr Iulian Soare, before the court today. His solicitor said in an affidavit his client had got leave from the High Court on December 17th to seek a judicial review of the Minister's deportation order.