A Romanian asylum-seeker, Mr Dimitru Popa, who was unlawfully detained when he returned to Dublin after his aborted deportation to Bucharest, is to sue the State for damages for wrongful arrest, the High Court heard yesterday.
His counsel, Dr Michael Forde SC, told Mr Justice Finnegan of this development when he obtained another court order yesterday restraining the Minister for Justice from deporting Mr Popa under his existing order.
Dr Forde said Mr Popa's solicitor had yesterday received a telephone call from the State Solicitor's office informing him that it was the Minister's intention to deport him again before 6 p.m. that evening.
Mr Forde said Mr Popa's solicitor, Mr Con Pendred, had told him he had been advised on Wednesday evening by Det Supt Michael Finn of the Garda National Immigration Bureau that nothing further would be done until Mr Popa had an opportunity to bring judicial review proceedings seeking his release from detention.
He said Mr Popa had been released from wrongful detention on Wednesday evening by Mr Justice Quirke, and it was possible that Supt Finn's assurance might have been overridden by a higher authority.
Mr Forde said he was seeking an order under Article 40 of the Constitution for habeas corpus, and an order preventing the deportation until further order of the court.
He told Mr Justice Finnegan he would be arguing that the pre-existing deportation order was spent. While it would be open to the Minister to make a new deportation order, this would be dependent on adherence to proper procedures.
Mr Forde said he was actively engaged in drawing up judicial review proceedings. He had not believed the Minister would move as quickly as he did.
Mr Popa would also be suing the State for damages for false imprisonment. The High Court had already held his detention on his return to Dublin Airport had been unlawful.
If he was deported now it would frustrate his ability to prosecute his claim for damages.
Mr Justice Finnegan granted an order directing that Mr Popa be produced in the High Court today at 11 a.m.