The High Court will rule next Tuesday on a challenge to the proposed deportation of a Croatian man and his teenage son.
Mr Miodreg Sinik, an ethnic Serb, has claimed he would be killed if returned to Croatia.
Prior to Tuesday, Ms Teresa Blake, for Mr Sinik, his wife Biljana and their children Dajana (11) and Boris (14), will apply for the release of Mr Sinik from Mountjoy Prison.
In concluding submissions yesterday urging Mr Justice Smyth to quash the deportation orders against Mr Sinik and his son, Ms Blake argued that the Minister for Justice, Equality and Law Reform had failed, when making the orders last month, to take into account the changed circumstances of the family.
The Minister had particularly failed to take into account that Ms Sinik and her daughter had on June 7th returned to Ireland from Norway, where she received psychiatric treatment and counselling.
The court has heard Ms Sinik suffered from depression for some years and that her condition was exacerbated by overcrowded living conditions here.
The family were housed in one room and also placed in the refugee centre at Mosney, Co Meath.
Ms Blake urged the judge to take into account the humanitarian element of the application and the vulnerability of her clients.
She said a reference to the Siniks being separated appeared to emanate from Mr Sinik being confused about a question put to him and possible problems in interpretation and translation. Counsel said the Siniks were a family unit.
The judge said his task was to review the procedures followed. He remarked that Mosney was a "holiday camp" which was "good enough for half of middle-class Ireland at one stage". He accepted there would be problems in housing a family in one room.
Opposing the application, Ms Eileen Barrington, for the Minister, said Mr and Ms Sinik seemed to have gone separately through the asylum process. At one point, prior to going to Norway, Ms Sinik withdrew her application and Mr Sinik continued the process.
Ms Barrington argued that the Minister lawfully made the deportation orders relating to Mr Sinik and his son on the basis of the facts then known. Even if told Ms Sinik had returned from Norway, the fact that she and her husband made separate applications for asylum entitled the Minister to make the deportation orders.
Counsel said the facts in relation to Ms Sinik's mental health were known at all stages. She also contended there was a duty on the applicants to bring to the attention of the Minister the fact that Ms Sinik and her daughter had returned from Norway.
Ms Blake said the return of Ms Sinik and her daughter was known to the Garda and immigration authorities.
She added that the asylum applications relating to the Sinik family had the same record number.
Reserving his decision, the judge noted he had other urgent applications to determine. He indicated he would give judgment on Tuesday or earlier if possible.
The Siniks have been living in refugee accommodation since they arrived in Ireland in November 2000 when they applied for asylum. Before that they left Croatia and went to Norway, where they were refused asylum. They returned to Croatia for a brief period and later travelled to Ireland. The Norwegian authorities allowed Ms Sinik to receive treatment.
On June 28th, the Minister notified Mr Sinik and his son that he had signed orders for their deportation on June 20th. They were told to attend at Drogheda Garda Station on July 5th so arrangements could be made for their departure.