A last-minute application to the High Court prevented the deportation from Dublin Airport yesterday of a Hong Kong national. Mr Kay Hay Sim, with an address in Morehampton Road, Dublin, was due to be deported at 3 p.m.
However, yesterday morning he applied to the High Court to prevent the deportation. The court was told Mr Sim has been in Ireland as a student for the past six years and owns property in Lucan, Co Dublin.
Mr Bill Shipsey SC, for Mr Sim, said his client had been offered a job by a telecommunications company, Swiftcall, of Merrion Road, Dublin, on the basis that he was a native of Hong Kong and there was no Irish person to do the work.
He had found himself in a "Catch 22" situation when he sought a work permit. In order to have a work permit he had to have a residence permit, counsel explained.
His solicitor, Mr Michael Hayes, had written to the Department of Justice asking for a reconsideration by the Department of an application for a residence permit.
The application was acknowledged by the Department and there was no further communication, Mr Shipsey said. Mr Hayes asked for an update on the situation.
Mr Sim had attended what he believed was an interview in relation to his application yesterday morning but was detained. It was believed he would be deported at 3 p.m.
The Department had claimed it sent out a "21-day notice" but, Mr Shipsey said, he was informed that Mr Sim never received the communication. His client was the owner of property at Moyglass Drive in Lucan.
Mr Shipsey said there was an obligation, or at least a legitimate expectation, that Mr Sim would receive a proper reconsideration of his application. He had not been given a reasonable time to appeal against his deportation.
Mr Sim had attended what he believed was to be an interview in relation to his application for a residence permit but was detained and brought to Fitzgibbon Street Garda Station. Ms Connie Tsang said Mr Sim was her boyfriend and went for an interview yesterday morning. She did not know what happened but he had been taken away to a Garda station. He had not received a letter from the Department telling him he had to leave the country, she said.
Mr Justice O'Sullivan issued a temporary order preventing the deportation. The order is returnable for next Monday. He gave permission to Mr Sim's lawyers to notify the Department and the gardai of the making of his order.