THE Minister for Justice was called upon in the High Court, yesterday to give a re entry visa to an Algerian man who was deported from the State last Tuesday.
Mr Peter Finlay, counsel for Mr Madani Haouanoh, said that the Minister had made a statement in newspapers that a further re entry visa would have been given if he had asked for one. "We are now asking for one," Mr Finlay said.
Mr Justice McCracken adjourned an application to have two immigration officers committed to prison for alleged contempt following the deportation.
Last Tuesday the High Court granted an order preventing the deportation of Mr Haouanoh, who had been detained at Dublin Airport following his arrival back in the country from France.
On Thursday an application for committal for contempt of court was made against the two officers, Garda Stephen Byrne and Garda J.J. Coakley.
The court was told Mr Haouanoh had been taken to Heathrow Airport and put on a plane to Algeria on the same day as the court order. Mr Haouanoh had lived in Dublin since 1991.
Yesterday the Minister was represented for the first time in the proceedings. Mr Diarmaid McGuinness SC, for the Minister, said the question of the two officers having allegedly acted in contempt of court would be "vigorously denied".
Mr Finlay said that last Tuesday Mr Justice Kelly made an order at 11.15 a.m: restraining the deportation of his client. The application was, for the attachment and committal of two immigration officers who on the same day had removed, Mr Haouanoh from the jurisdiction.
His client would say he was taken in the custody of the two officers and that they clearly knew the purpose and import of the court order. They set it at naught and "spirited" Mr Haouanoh to Algeria.
The State wanted to file affidavits to challenge the facts which, were sworn by his client's solicitor and Mr Haouanoh's brother, who had lawfully resided in this country for to years.
Mr Finlay said his client was now in Algeria and could not get out of the country. Without the assistance of the Minister, he faced insurmountable difficulties.
His client was married to an Irish national. He had to make a declaration that he was legally married and he had to do that in person. His wife had to give a declaration substantiating the marriage and that they were living together at the time the declaration was made.
The Minister had made some disparaging remarks in the newspapers, especially in The Irish Times, in which she, knowing nothing of any facts, made remarks that her side had not been reported, that the whole story had not been told and hinting at some sort of impropriety on the part of Mr Haouanoh. She had also said that a re entry visa would have been given if he had asked for one.
Mr McGuinness said there was only one live issue, the contempt application. The original order restrained the removal of Mr Haouanoh, who had in fact been removed a half hour before the court order.
Arising out of the circumstances of the and events, the plaintiff's side moved the contempt application last Thursday, and that was the only live issue. He wanted to serve affidavits this week.
Mr Justice McCracken said the interim injunction should be kept alive. Mr McGuinness said other matters would be answered when the affidavits were sworn. Mr Finlay would want to reply and was anxious to cross examine the deponents.