The Department of Justice told a Romanian asylum-seeker that, in deciding to refuse her application for asylum, representations on her behalf had been considered, when it appeared no such representations were made, the High Court was told yesterday. This indicated "a fixed policy" by the Department towards applications for asylum, it was claimed.
Mr Justice Kelly granted Ms Mariana Lungu, with an address at Upper Gardiner Street, Dublin, leave to seek orders challenging her proposed deportation tomorrow. He also granted an interim injunction restraining her deportation, and returned the matter to May 15th.
Mr Feichin McDonagh SC, for Ms Lungu, said the letter informing his client of the deportation order appeared to be a standard form or pro-forma letter, and he believed identical letters were sent to many other asylum-seekers.
Ms Lungu said in an affidavit that her application for refugee status was refused in late 1999. She had appealed that refusal to the Asylum Appeals Authority. It dismissed her appeal but told her she could make representations.
Mr McDonagh said that in fact no representations were made but, in a letter last month informing Ms Lungu she was to be deported, it was stated that the Minister had had regard to "the representations received on your behalf".
Ms Lungu claims the Minister's failure to establish a proper and/or adequate basis for the asylum and immigration system, and failure to put that system on a proper legal footing, mean the Minister is estopped from relying on the common good as the reason for deportation.
Also yesterday, Mr Justice Kelly granted leave to another Romanian asylum-seeker, who is pregnant, to seek a judicial review, quashing an order for her deportation.
He granted Ms Anna Pal an interim injunction restraining her deportation tomorrow, and returned the matter to May 15th.