Lawyers for seven Pakistani businessmen freed by the High Court this week after being mistakenly imprisoned for three nights will today begin a fresh legal move against the State.
The Irish Times has learned that the men's legal team will claim the authorities have breached their clients' visas by imposing a restriction that they cannot engage in any business or profession while here, and by limiting their stay in the State.
A spokesman for the Department of Justice said last night he could not comment on a specific case. However, it is understood that immigration officials insist a misunderstanding has occurred, and that the men are precluded under the conditions of their visas from establishing a business, not from engaging in any business.
The men, who have valid passports and commercial business visas, were held in prison for three nights after they arrived last Friday on a business trip to the Republic.
Their passports, containing their visas, were confiscated and returned to their solicitor yesterday following the High Court order to release them from prison last Monday.
The visas stamped in the men's passports since they were freed also include a condition that they must leave the State by next Monday. It is understood that the men's lawyers were surprised to learn of this deadline, as their visas are valid until February 14th next. Under Irish law, a visa is not an automatic authorisation to enter the jurisdiction.
The group's legal team is expected to argue in the High Court that immigration officials altered their clients' visas without informing them. It is understood that immigration officials maintain they fixed a deadline of next week for the men to leave the State on the understanding that they would complete their business by the end of this week.
The men arrived in Ireland last Friday. They had valid passports, business visas and a letter from Finlay Ltd in Co Tyrone authorising the purpose of their trip.
The men stated on their landing cards that they would be staying in an unspecified hotel in Dublin and supplied the contact name and address of the Co Tyrone company. Immigration officials mistakenly suspected they would try to enter the North without UK entry visas. They were refused leave to land and imprisoned in the training unit beside Mountjoy Prison in Dublin.
It is understood that lawyers for the men notified the State Solicitor's Office last night of their intention to bring a case to the High Court today. The case is likely to be heard later this week.