A Dublin-born businessman who has lived in Britain for more than 50 years today won his battle against moves to deport him back to Ireland after he kidnapped a former partner.
Mr Aidan Sherry (53), who has been in England since he was six weeks old, dropped a High Court application for a writ of habeas corpusafter lawyers from the British Home Office agreed that he should be set free from custody.
The father of three, who has two businesses in Lincoln, had been held pending deportation to Ireland. He was convicted of kidnap at Lincoln Crown Court in October 2003 following a guilty plea and sentenced to 18 months in jail.
The court heard the offence had been committed "within a domestic context", and he was due to be released automatically on June 11th after completing half his sentence.
But, as a result of his conviction, the Home Office served Mr Sherry with notice of intention to make a deportation order, and he was ordered to be detained at Nottingham Prison to await removal.
His lawyers fought the move, arguing that Mr Sherry could not be deported because citizens of the Republic of Ireland who were ordinarily resident in Britain at the time the 1971 Immigration Act came into force were entitled to exemption.
They contended the decision to make a deportation order was both invalid and unlawful, and so was the decision to hold him in custody pending deportation.
Today at the High Court in London, Mr Justice Keith was told the Home Office had agreed that Mr Sherry should be released from detention forthwith and that it would pay his legal costs.
PA