M. (I.) & Anor v. Minister for Justice, Equality and Law Reform

MR. JUSTICE SMYTH: To the extent that the facts in-this case can be established it appears that the first-named Applicant entered this State in or about February 1999 and sought refugee status. He was not successful in that regard. His then solicitors made an application on his behalf for leave to remain in the State on humanitarian grounds under the provisions of Section 3(6) of the Immigration Act 1999. To the extent pertinent to the present purposes the letter of application dated 12th June 2001 (inter alia) states as follows:

A Deportation Order was dated 20th August 2001 and a letter of Notice of making thereof and the reasons therefor are set out in a letter dated 24th August 2001. The letter expressly states:

The letter required the first-named Applicant to present himself on 31st August 2001 at 2.30 pm to the Garda National Immigration Bureau to make arrangements for his deportation from the State.

It is averred in the second affidavit of the solicitors sworn on 5th March 2002, paragraph 7 as follows:

The Supreme Court decision of 30th July 2001 was widely publicised in the national newspapers on 31 st July 2001 and the solicitor was a solicitor on record in those proceedings (see [2002] ILRM 16, 38 in particular page 48).