Immigrant support groups have expressed concern that hundreds of people are being committed to jail under immigration laws for long periods of time without having been charged with any offence.
It has emerged that an Albanian man, who did not have proper identity papers and was detained in Cloverhill Prison for 104 days, was released on bail last month.
Latest official figures show that almost 19 per cent, or 1,852, of committals to prison in 2003 were under immigration laws. Almost 20 per cent, or 370 people, were kept in custody for more than 51 days.
The Irish Prison Service yesterday said a range of factors were behind the length of time immigrants or asylum-seekers spent in custody, including travel arrangements for deportation orders or delays establishing the identity of an individual.
The Irish Refugee Council expressed concern yesterday that these people were being detained for weeks or months despite not having been charged with an offence.
Mr Peter O'Mahony, chief executive of the Irish Refugee Council, said there was also evidence that asylum applicants were being moved swiftly to prison because they did not have the full documentation an ordinary immigrant to Ireland should have.
"The lack of such documentation shouldn't be an impediment to having a case for asylum examined. It's internationally recognised that the more a refugee you are, the more likely it is that you won't have sufficient documentation," he said.
Mr O'Mahony also said the high numbers of immigrants or asylum-seekers jailed or put in custody gave the impression that non-nationals were disproportionately involved in crime.
However, a spokesman for the Irish Prison Service said authorities were obliged to enforce legislation governing the area.
An unsuccessful asylum-seeker who is the subject of a deportation order may be detained until the order is carried out.
While the practice of detaining people for long periods of time under the immigration laws is lawful, excessively prolonged detention could be legally challenged in Ireland or in the European Court of Human Rights.
It is reported in the current edition of Metro Éireann that an Albanian man, Mr Nickolin Arra, was arrested on October 1st without sufficient identity papers. He was detained for 104 days, before he was released on conditional bail.
Mr Arra launched a challenge in the High Court to challenge the legality of his detention, arguing that his detention flouted provision of the European Convention on Human Rights. The High Court ruled against Mr Arra a fortnight ago. His solicitors are reportedly considering an appeal to the Supreme Court.
