THE deportation of Mr Madani Haouanoh an hour before a court order staying the move was an example of "red tape brought to a fine art," according to an immigration lawyer, Mr Bobby Eagar.
Mr Eagar, a solicitor with Garrett Sheehan and Co, said it was "extraordinary" and "outrageous" that Mr Haouanoh was sent back to Algeria because he did not have a re entry permit. Mr Haouanoh has an Irish wife and had lived in Ireland for five years.
He said the Department of Justice had "an awful lot of explaining to do" if it knew Mr Haouanoh was married when he has detained at Dublin Airport n Saturday after arriving from France.
Mr Haouanoh was one of an estimated 40,000 legal aliens living in Ireland. Fewer than 2,000 of these are refugees or asylum seekers. Most legal aliens have annually renewable visas, like Mr Haouanoh's.
In many European countries, legal aliens can renew their visas for four years after an initial one year period. They can also subsequently obtain permanent residence, a status which does not exist in Irish law, according to Mr Eagar.
Algeria is one of many countries whose nationals need visas to enter Ireland.
Nationals of these countries living as legal aliens in Ireland must have a re entry permit to return to this State after a visit abroad. Department of Justice immigration officers can, under aliens legislation, detain and refuse "leave to land" to immigrants on several grounds. These include absence of a valid work permit, visa or passport.
In the first six months of the year, 133 nonnationals were refused leave to land, according to the Department. There is no right to appeal the decision of an immigration officer in Ireland.
Deportees from Ireland can seek a judicial review of the officer's decision on the grounds that it was an abuse of power. According to Mr Eagar, such reviews are relatively rare in Ireland and the chance of success is small.
Legal aliens who are married to an Irish person for three years are automatically entitled to Irish citizenship.
Those not married to an Irish citizen can apply to the Minister for Justice for citizenship after five years' legal residence in Ireland. The Minister does not have to give reasons for a refusal.
The powers given to the Department of Justice under immigration laws were "extraordinarily draconian", Mr Eagar said.