S. (A.) v. Minister for Justice, Equality and Law Reform & Ors

Detective Garda Whelan told the Court that at 06.45 hours on the 7 th February 2004 she and Detective Garda John Kingston had gone to this flat where she had arrested a man called C. S. in respect of whom a Deportation Order had been made. She said that the Applicant and another man and a woman were also in the flat at this time. C. S. was taken by her and her colleague in the garda patrol car to Cloverhill Detention Centre.

No other evidence was called by the Respondents. The Applicant did not give evidence.

Section 5(1) of the Immigration Act 1999 as substituted by Section 10 (b) of the Illegal Immigrants (Trafficking) Act, 2000 provides that where a member of An Garda S�och�na with reasonable cause suspects, (the emphasis is mine) that a person against whom a Deportation Order is in force has failed to comply with any provision of the Order or with a requirement in a notice under Section 3(3)(b)(ii), he or she may arrest him or her without warrant and detain him or her in a prescribed place.

I am quite satisfied on the evidence that the Applicant A. S., is the same person as Ady Singeorz and is the subject matter of a Deportation Order made by Minister for Justice, Equality and Law Reform on the 8 th November 2001 and not subsequently amended or revoked by the Minister.

It was submitted on behalf of the Applicant that the Visas, which I have already made reference, issued in Bucharest and Dublin and the Work Permit issued by the Department of Enterprise, Trade and Employment, suspended the operation and effect of this Deportation Order and the Respondents are estopped from seeking to rely upon it. Reference was to a passage in the judgment of Finnegan, J., (as he then was) in the case of D.P. �v- The Governor of the Training Unit and Others [2001] 1 IR 492 at 499 where he held that:-