Thousands now free to flout our visa laws!!! (Irish Indepen)

[ixania]

THOUSANDS of legal immigrants whose visas have expired can no longer be deported.

A landmark ruling in the High Court yesterday dealt a major body blow to the Government's immigration policies and declared that some of the current legislation is unconstitutional.

The decision means that the authorities cannot crack down on those whose visas have expired or impose conditions on newcomers arriving here legally.

But the controversial judgment will not affect the legislation on asylum seekers or interfere with the right to deport anybody deemed to be here illegally.

The judgment is an acute embarrassment for the Government as it emerged minutes after Justice Minister Michael McDowell had chaired a highly successful EU conference on advancing moves towards a common policy on the return of illegals to their home countries.

Last night Mr McDowell said he would consult urgently with Attorney General Rory Brady who has already been in contact with State lawyers involved in the courts.

The outcome of those talks will determine whether the Government seeks an immediate appeal of the judgment in the Supreme Court or takes steps to introduce new legislation to seal off the new loopholes.

Government sources admitted last night that the ruling by Ms Justice Mary Finlay Geoghegan posed serious problems for the authorities in relation to the 1999 Immigration Act and the Aliens Order 1946.

But recent legislation governing procedures on the rights of asylum seekers, their applications for refugee status and their deportation, if unsuccessful, will not be affected.

The judge found that a section of the immigration act dealing with garda controls on the movements of non nationals was unconstitutional.

She also ruled that a section of the 1935 Aliens Act, requiring non-nationals to comply with provisions regarding registration, change of address and employment, was also unconstitutional.

Flaws had previously been found in the Aliens Order and the 1999 legislation was meant to have sorted out the legal difficulties created by a previous court decision on the order.

As a result of her findings yesterday Ms Justice Finlay Geoghegan granted an order preventing the prosecution of a Chinese man who had failed to produce identification to a garda when requested to do so.

She also quashed the prosecution of a Latvian woman who had been charged with remaining within the State in contravention of the Aliens Order.

The ruling means that a garda can no longer stop a non-national suspected of overstaying a work visa and demand the production of relevant documentation.

Gardai have also lost their powers to impose conditions such as length of stay on legal immigrants who arrive here.

The judgment has thrown a lifeline to thousands of non-nationals who are known to be working here without valid visa documentation.

Tom Brady
Security Editor