A Croatian mother, who twice attempted to take her life because of overcrowded living conditions here, has sought a High Court order to prevent the deportation of her husband and son.
Ms Biljana Sinik's husband, Mr Miodreg Sinik, claims he will be killed if sent back to Croatia.
The hearing before Mr Justice Smyth was adjourned yesterday until today when the judge will hear a separate application by Mr Sinik, who is being held in Mountjoy Prison, Dublin.
The judge said Mr Sinik's application was grounded on a claim that he had not consented to his deportation. In the application, he said: "I am Orthodox and I would be killed if returned home."
Mr and Ms Sinik, their son Boris and daughter Dajana, have been living in refugee accommodation since they arrived in Ireland in November 2000, when they applied for asylum.
They first left Croatia and went to Norway, where they were refused asylum. They returned to Croatia and later travelled to Ireland.
In court yesterday Ms Teresa Blake, for the family, said they were accommodated in one small room in Drogheda when they applied for asylum.
In their first nine months in Ireland Ms Sinik had on three occasions asked to be interviewed. Her mental health deteriorated and she made two attempts on her life, counsel said.
She had taken overdoses because of what she claimed were overcrowded conditions and was hospitalised on two occasions. She asked the Refugee Applications Commissioner for permission to go to Norway for treatment.
The Norwegian authorities had, for humanitarian reasons, allowed Ms Sinik, to remain for three months while she received treatment and her mental health improved. Her daughter had travelled with her to Norway.
Ms Sinik and her daughter returned to Ireland on June 7th and were accompanied from Dublin Airport to the office of the Refugee Applications Commissioner, where Ms Sinik renewed her application for asylum.
However, on June 28th the Minister for Justice, Equality and Law Reform had notified the father and son by letter that he had signed orders for their deportation on June 20th. They were told to attend at Drogheda Garda Station on July 5th so that arrangements could be made for their departure.
Ms Blake said the Minister had failed to consider representations made on behalf of the family in a letter sent by the Legal Aid Board on July 4th, which claimed that family circumstances had changed in that Ms Sinik and their daughter had returned to Ireland and the family were currently living in the Mosney accommodation centre.
The letter said Ms Sinik had experienced considerable mental health difficulties. Apart from receiving ongoing treatment from her GP, she had been an in-patient at Our Lady of Lourdes Hospital, Drogheda.
Ms Blake said the Department of Justice had, in a letter dated July 15th, stated the applications of the father and son had been processed in accordance with proper procedures and that no further consideration would be given to revoking the orders.
Mr Justice Smyth asked if the Minister had been notified immediately of "changed circumstances" or were matters allowed to drift. Ms Blake said a number of agencies, including the Refugee Applications Commissioner, would have been aware that the mother was returning from Norway.
Ms Eileen Barrington, for the Minister, said she could not deal with the Minister's state of knowledge without being allowed to submit an affidavit on the information that was before him.
There were a number of factual issues which she wished to set out. During his interview with the authorities on June 6th Mr Sinik was asked if he was married and had said he was separated. He was asked if his ex-wife was in Norway and he had said "yes".
Mr Justice Smyth said it appeared the Minister was not told of the mother's return until after the deportation order was signed. He wished to know what information was given to the Minister before the order was made.
Ms Barrington said Mr Sinik's submission was made the day before his wife returned from Norway. There was no evidence on file that Mr Sinik made any attempt to inform the Minister of his wife's return on June 7th.