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High Court refuses to order the release of a prisoner who was the subject of a deportation order, on the grounds that: (a) the women's prison in which she was held was a prescribed place of detention under the relevant legislation, (b) for legal purposes, the women's prison was part of a larger prison, where men and women were detained in separate facilities, and the warrant addressed to the governor of that prison was valid; and (c) there had been a concluded intention to deport the prisoner.
Criminal law - Article 40.4.2 - habeas corpus - committal warrant - whether prison is a prescribed place of detention pursuant to s. 5 of the Immigration Act 1999 - warrant addressed to Governor of Mount Joy rather than Governor of Dochas Centre - whether there was a concluded intention to deport - Immigration Act 1999 (Deportation) Regulations 2005 (SI No 55 of 2005) - Regulation 5.2 of the EC (Free movement of persons) Regulations 2015 - status of Dochas Centre - s. 17(3) of the Criminal Justice Administration Act 1914 - Dochas Centre forms part of Mountjoy prison - applicant is in legal detention - reliefs sought refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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