High Court to hear challenge to mandatory hotel quarantine

Fully vaccinated Israeli woman claims she is being unlawfully detained

The case will return before the president of the High Court. File photograph: Chris Maddaloni/Collins

The case will return before the president of the High Court. File photograph: Chris Maddaloni/Collins

 

An Israeli woman’s challenge to the State’s mandatory hotel quarantine will be heard in the High Court on Monday.

The application has been brought by lawyers representing Inbar Aviezer who, under the requirements of the Health (Amendment) Act 2021, has been quarantining at the Holiday Inn Express Hotel near Dublin Airport since Wednesday after taking a flight from Israel.

She is challenging the constitutionality of her quarantine under Article 40.4.2, which allows for a High Court hearing into the legal justification of any detention.

She has been fully vaccinated against Covid-19 and has also had two negative PCR tests. She claims that she is being unlawfully detained. Ms Aviezer is moving to Ireland to work as a healthcare professional and to be with her fiancé.

At the High Court on Saturday morning, Mr Justice Senan Allen directed that the case be heard in front of the High Court president Ms Justice Mary Irvine on Monday morning.

The State was represented by Michael Cush SC and her counsel was Conor Power SC. They agreed to put in their submissions by Sunday evening.

Mr Cush said the State will argue that mandatory quarantine is fundamentally different from other forms of detention normally challenged under Article 40 of the constitution.

Mr Power said in normal circumstances his client would ask for bail, but the circumstances were different in a quarantine case.

He said he needed time to view the State’s submission and to prepare a response.