O. (B.F.) v. Governor of Dochas Centre

By an affidavit sworn on the 5th February, 2003, Suzanne Glazier, solicitor, made a complaint pursuant to Article 40.4 of the Constitution that the applicant was being illegally detained in the D�chas Centre, Mountjoy Prison. Upon the ex parte application of counsel for the applicant grounded upon the said affidavit I made an order pursuant to Article 40.4.2 of the Constitution that the respondent produce to the court at 2 pm on the 6 th February, 2003, the applicant and certify in writing the grounds of her detention.

The certificate was furnished by Mr. Colm Barclay, deputy governor of the D�chas Centre, on behalf of the respondent, to the effect that the applicant was being held pursuant to a detention order dated the 27 th January, 2003, addressed to the Governor of Mountjoy Women's Prison, annexed to the certificate, which was in the following terms:

The detention order bore the stamp of the Garda S�och�na Immigration and Registration Office, Ballybricken, Waterford City with a date of 27 th January, 2003. The detention order was endorsed as executed by lodging Ms. B. F. O. at Mountjoy Women's Prison on the 27 th January, 2003, at 5.45 pm.

On the 6 th February, 2003, at 2 pm, Ms Moorhead, counsel for the respondent, informed the court that earlier on that day a decision had been made by the Minister for Justice, Equality and Law Reform ("the Minister") refusing an application for residency made in January, 2003, by the applicant upon the basis that she was then the mother of an Irish born son namely Daniel O. who had been born in the State on the 15 th December, 2002. The matter was adjourned to the 7 th February, 2003, to permit the respondents file affidavits.

As the identical evidence was adduced in the two sets of proceedings, it appears convenient to give a single judgment, but it is intended that the first part of the judgment be the judgment in the Article 40 Inquiry and the second part the judgment in the intended judicial review proceedings.