A RUSSIAN national was granted an order in the High Court yesterday restraining her deportation until legal proceedings have been completed.
Ms Olga Anisimova, of Bow Lane West, Dublin, who is from Moldova, is seeking asylum with her young daughter. She was granted leave to seek judicial review against the refusal of the Minister for Justice to consider her application for refugee status.
The injunction stopping the Minister from making a deportation order or removing her from the jurisdiction was granted by Mr Justice McCracken pending the outcome of the challenge.
Mr Sean O hUallachain, counsel for Ms Anisimova, said that his client was seeking refugee status. She arrived in the State from the UK on February 22nd last.
She had always intended to come straight to the State but was able to obtain an entry visa only for the UK. She spent less than 24 hours in the UK.
When she arrived in Dublin, the Irish Refugee Council provided her and her daughter with bed and breakfast accommodation. She remained there until March 13th and was later transferred to her present address.
On February 27th, she went to the Department of Justice and told it that she and her daughter wanted to stay in the State. The official told her she could not apply for asylum. The next day she returned, and an official took possession of her passport and documents.
By letter of March 1st last, a Department official told her the claim for asylum could not be entertained. In another letter, she was told that her case would be submitted to the Minister within 21 days with a recommendation that the Minister should make a deportation order.
Ms Anisimova was told she could make representations within 21 days.
Last Thursday her solicitor received a fax message in which the Department refused to give an undertaking that no deportation order would be made. The Department indicated that as she had a visa for the UK, it was the first centre of safe haven.
Ms Anisimova was entitled to a legitimate expectation that her application for refugee status would be considered by a signatory, as the State was, to the UN Convention on the Status of Refugees and to the protocol relating to the status of refugees, Mr O hUallachain said. Regardless of whether she had a UK visa, she was entitled to make the application.
Mr Justice McCracken said that all counsel was asking was for the respondent to accept and consider the application. He would make the orders.