A Georgian national working in the Irish construction industry has failed to convince the High Court he should be allowed to challenge his proposed deportation on grounds that his skills assist with meeting national housing demands.
In legal papers before the High Court, the man (30s) contended Minister for Justice Helen McEntee failed to consider his “unique skills and integral contribution” to an Irish windows and doors company that will be significantly negatively affected by his loss.
The Minister should have given greater weight to the fact that Ireland has a shortage of skilled construction workers amid a push for increased house building, he claimed. He also complained that Georgia is no longer safe.
On Friday, Ms Justice Mary Rose Gearty said she had sympathy for the man but he did not meet the threshold required for permission to pursue his case through the High Court.
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The man, who cannot be identified due to legal provisions, is in prison as he awaits deportation.
Georgia is among 15 countries that the Minister has designated safe. People claiming asylum from these countries have their claims processed faster and must demonstrate their case is exceptional and show “serious grounds” for why their country is unsafe for them.
The International Protection Office, an appeals tribunal and the Minister agreed he should be refused refugee or other protected status, noted the man’s legal documents.
Last May the Minister gave him five days to voluntarily return to Georgia before he would face deportation. An order was issued in July directing him to leave the State by the end of August or risk arrest and detention to enforce the deportation.
In mid-August, his solicitors applied to the Minister under a provision of the 1999 Immigration Act seeking to revoke the deportation order. They highlighted his fear of danger in Georgia and his economic contributions to Ireland.
The lawyers noted Belgium’s recent decision to remove Georgia from its list of safe countries due to alleged increased risks and deteriorating security.
The Minister decided earlier this month that she would not be revoking the deportation order as he gave no new reasons to alter her opinion about the alleged threat to his life or freedom.
Although he had positive work prospects, his employment permission was temporary and had now expired, the Minister found. She said there were no special circumstances that would override the State’s interests in border control.
The man, who had been staying in State-provided accommodation, reported to the Garda National Immigration Bureau on October 16th as directed. He was arrested and is being detained in prison on the basis of having “failed to leave the State within the time specified in the order”.
The man issued High Court proceedings aimed at halting his deportation and releasing him from prison.
First, he needed the court’s permission to proceed with the case. For this, he had to demonstrate he had “substantial” legal grounds to challenge the Minister’s decision refusing to revoke the deportation order.
The judge refused to permit him to carry on with his proceedings. She said there was no fresh evidence to justify revisiting the Minister’s decision.
Although she rejected his application, she said the case raised important issues so she would not order him to pay the State’s legal costs.
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