The Garda National Immigration Bureau failed to return urgent calls from a solicitor attempting to prevent the deportation of three Romanian children, one in a wheelchair, it was claimed at the High Court yesterday.
Claudiu Laras Bita (19), his brother Christian (16) and sister Edith Elizabeth (11) were deported to Romania on a chartered flight which left Dublin Airport at about 3 p.m. last Tuesday, taking a number of people back to Romania and Moldova.
Yesterday, Mr Justice de Valera was told the children's mother had gone to France leaving the children with their sister, Loredana (24), in Tallaght, Co Dublin. Claudiu was said to be mentally and physically disabled and confined to a wheelchair.
The judge heard that a temporary order restraining the deportation of the children was made by the High Court at 3.30 p.m. last Tuesday. However, by the time attempts were made to serve the order, they were already in the air.
Ms Teresa Blake, for the children, said her solicitor, Ms Aisling Ryan, had "relentlessly" made telephone calls and sent a fax to the bureau between 1 p.m. and 2 p.m. on Tuesday but none of the calls was returned.
She and Ms Ryan had been instructed to apply to the court on behalf of the children and one would have thought that the solicitor would at least have got a response to her phone calls and have got clarification about whether deportation orders had been made. Ms Ryan got no response.
The children had a distressing experience whereby they were removed from the custody and control of somebody who cared for them at 7 a.m. The carer was led to believe they would be returned to her at noon but she subsequently learned they were on a flight out of the country.
In the circumstances, Ms Blake said they were seeking their legal costs and withdrawing the legal proceedings which had begun last Tuesday. It was believed that the children were now with members of their extended family.
Ms Sara Moorehead, for the State, said the children entered with their mother on January 16th, 2001. They failed twice to appear for scheduled interviews to decide whether they were entitled to refugee status. Deportation orders were made on May 28th, 2002.
It was understood the mother had gone to France. The children were with Loredana. Gardaí from the immigration bureau had called to her house in Tallaght. Loredana spoke to the gardaí and said she was aware of the deportation orders. She was not told the children would be returned to her but told to bring certain items to the bureau.
Ms Moorehead said that even on the applicants' version of events, the first contact with the bureau by the solicitor was at 1 p.m. She understood the children were on the aircraft at that stage. The bureau was taking a number of people back to Romania and Moldova and had chartered an aircraft for that purpose. At 1 p.m. on Tuesday they were waiting to go.
In relation to any criticism about the treatment of the deportees, Ms Moorehead said an interpreter and doctor were on board.
It had been considered more appropriate to move the children, particularly the older brother who was in a wheelchair, by charter rather than scheduled flight because, bar a stop at Stansted airport to collect additional people, the aircraft went straight to Romania.
During the flight substantial efforts were made to ensure that somebody would be at the airport in Romania to collect the children.
They were ultimately handed over to the police authorities and she understood they were now back with their extended family.
Ms Moorehead said Ms Blake seemed to be saying that because there was wind of something, the gardaí should have stopped all matters at that stage.
Had word come of a restraining order before the aircraft took off, the children would have been taken off the flight and they would have been returned before the court.
Mr Justice de Valera refused to make an order for the costs of the children's legal team. He was told the immigration bureau could not be contacted and that disturbed him. It was a little distressing that the solicitor was not able to make contact with the gardaí but everything was happening quickly.