A 16-year-old ethnic Albanian youth who fled to the Republic from Kosovo after his parents and brother disappeared has secured a High Court order preventing his deportation back to the troubled region.
The youth arrived alone in the Republic in July 1997 and applied for asylum a day later. He completed the necessary forms without legal advice but his application was refused last August. He is currently attending a Dublin school and has secured accommodation and a welfare allowance.
In an affidavit to the court, the youth said he grew up in Pristina, Kosovo. His father was involved in the Kosovan Liberation Front and was arrested and detained for his political activities.
The youth said his brother was also politically active and disappeared during a political demonstration about 1990 when he was 17 years old. They had not found out what happened to him but others were killed during the demonstration.
About January 1997 his parents disappeared and he stayed with his uncle, the youth said. He suspected his uncle was in trouble with the Serbian police. His uncle told him the situation for both of them was dangerous and made arrangements for him to travel to Italy by truck.
By prior arrangement between his uncle and the truck driver, he was directed into the back of a second truck in Italy and arrived in Ireland in July 1997.
In the High Court yesterday, Ms Teresa Blake, counsel for the youth, secured an order appointing a named woman as guardian ad litem and next friend to the youth for the purpose of representing his interests in legal proceedings.
Mr Justice Geoghegan granted an interim injunction, returnable for Monday next, restraining the deportation of the youth after being told that while there was no existing order for his deportation, one might be granted at any time.
He also granted Ms Blake leave to seek an order, by way of judicial review, directing the Minister for Justice to consider the youth's application for refugee status in accordance with the United Nations convention on refugees.
Leave was also granted to seek an order quashing the decision to refuse refugee status to the youth and, further, to seek a declaration that the Minister, in considering the youth's application, failed to protect his natural and constitutional rights, and, in particular, failed to have regard to his rights as a minor.
