A former member of the Moroccan army who fled to Ireland on a cattle ship but was subsequently served with a deportation order was released from Mountjoy Prison following a High Court order yesterday.
Mr Jaoud Khallifi (28) was escorted into court by prison warders. But they freed him following the order.
Mr Khallifi was given leave by the court earlier this week to seek a judicial review of the rejection by the Minister for Justice, Equality and Law Reform of his application for refugee status.
Mr Khallifi claimed that during his three years as a private in the Moroccan army he suffered ill-treatment, beatings, abuse and oppression. He escaped, and in 1995 arrived in Ireland as a stowaway on a cattle ship.
He alleged that the Irish authorities had contacted the Moroccan authorities and he believed that as a result he could face torture, persecution and possibly death if he was forced to return to Morocco.
Following the court's decision to grant him leave to seek judicial review, Mr Dignam applied for an order seeking his client's release from Mountjoy Prison.
Mr Khallifi had been in detention in the Training Unit in Glengarriff Parade but was moved to Mountjoy this week.
Yesterday Mr Conleth Bradley, for the State, told Mr Justice Geoghegan that it was agreed between the parties that the Article 40 application seeking Mr Khallifi's release from detention be withdrawn and that he should be freed.
Mr Justice Geoghegan ordered that, pending the hearing of the judicial review proceedings, Mr Khallifi be released from prison on condition that he report once a week to a Garda station.