The Supreme Court has reserved judgment on the State's appeal against a High Court judgment which struck down parts of the Immigration Act 1999 as unconstitutional.
After hearing a brief reply yesterday morning by Mr Paul Gallagher SC, for the State, to arguments opposing the appeal, the five-judge court, presided over by the Chief Justice, Mr Justice Keane, reserved judgment.
The High Court judgment of Ms Justice Finlay Geoghegan last January 22nd affected controls on the movements of some immigrants and the Government responded by enacting the controversial Immigration Act 2004, described as an emergency measure pending the outcome of the Supreme Court appeal.
Ms Justice Finlay Geoghegan found Section 2 of the Immigration Act 1999 was unconstitutional because it involved primary legislation being amended by secondary legislation. Section 2 was intended to make certain provisions of the Aliens Order 1946 lawful, following a Supreme Court decision in another case which struck down the power to make deportation orders.
Ms Justice Finlay Geoghegan also declared unconstitutional provisions of the Aliens Order 1946, under which conditions may be placed by an immigration officer on non-nationals arriving here and under which non-nationals are required to produce registration certificates, passports and other documents on demand from a garda or immigration officer.
She further held that Section 5.1.h of the Aliens Act 1935, which requires aliens to comply with provisions regarding registration, change of abode, travelling, employment and other matters, is unconstitutional.
In the light of her findings, Ms Justice Finlay Geoghegan granted an order restraining the prosecution of a Chinese man, Mr Liu Chang, for failing to produce identification to a garda and also quashed the prosecution of a Latvian woman, Ms Ilona Leontjava, who was charged with remaining within the State in contravention of the Aliens Order 1946 as provided for by Section 2 of the Immigration Act 1999.
The charges against Ms Leontjava were struck out on February 10th without prejudice to being reinstated depending on the outcome of the appeal.