Twenty-five Indian nationals and asylum-seekers have taken a High Court challenge to their continuing detention in Limerick Prison. All 25 have been detained under provisions of the Refugee Act 1996, since June 15th. They are the first to be detained under these provisions.
Mr Bill Shipsey SC, for the applicants, was yesterday granted leave by the president of the High Court, Mr Justice Finnegan, to bring a motion tomorrow for leave to seek orders quashing the warrant authorising the applicants' detention and directing their release.
Mr Justice Finnegan told Mr Shipsey that bail could be sought pending the determination of any judicial review proceedings.
The 25 applicants arrived at Shannon Airport on June 15th. In an affidavit, their solicitor, Mr Ted McCarthy, stated that an inspector with the National Immigration Bureau said they had travelled from New Delhi to Moscow, where they took a flight to Havana which stopped over at Shannon.
The inspector said they had no visas for Ireland, disembarked from the Aeroflot aircraft at Shannon and ran past the immigration checkpoint. He also suspected they had been trafficked into the State.
Mr Shipsey said the applicants had looked for asylum on June 16th. On June 27th, the district court had directed their detention for a further 10 days, and on July 5th the State applied for a further detention.
Mr Shipsey said there was a difficulty with the first period of detention in that, although the applicants were detained on June 15th, their detention was not reviewed until June 27th - a period of more than 10 days.
The detention was extended again on July 5th, despite the State producing no evidence to say further detention was warranted in the interests of national security or public order, Mr Shipsey said. It was also extended in circumstances where evidence was heard on behalf of the applicants to the effect that they had, on June 16th, indicated they wished to apply for political asylum.
In his affidavit, Mr McCarthy said the district court judge had stated he would welcome the solicitor's application to the High Court.
Mr McCarthy contended the applicants' detention was unlawful, a misuse of the Refugee Act and a breach of the Constitution.