The Department of Justice has refused a request by a solicitor that the Government take legal action obliging Romania to adhere to the provisions of the European Convention of Human Rights and not to deport Romanian asylum-seekers until such proceedings are determined, the High Court was told yesterday.
However, a Romanian asylum-seeker, Mr Florin Iordache, one of some 100 such applicants represented by Mr Conleth Pendred, secured leave from Ms Justice Laffoy to seek an order compelling the Minister for Justice and the State to institute proceedings against Romania under the ECHR.
Mr Pendred asked the Government in a letter last January not to deport Romanians without assessing the human rights scenario there and until a number of complaints and cases against Romania before the European Commission and European Court of Human Rights had been decided.
However, deportation orders have continued to be issued in respect of Romanian asylum-seekers.
Yesterday, Mr Killian McMorrow, instructed by Mr Pendred, secured leave from Ms Justice Laffoy to seek an order restraining the deportation of Mr Iordache, of Meath Street, Dublin, tomorrow. The judge also granted a stay on the deportation pending the outcome of the legal proceedings.
In those proceedings, Mr Iordache will seek an order quashing the making of the deportation order on the grounds it was made in breach of Section 3 of the Immigration Act 1999, the Constitution and the ECHR.
Mr Iordache also has leave to seek an order directing the Minister for Justice to consider his application to remain in the State having regard to the ECHR and the status of Romania vis-a-vis the convention.
He will also seek an order compelling the Minister and State to take proceedings against Romania under the ECHR.
Mr Iordache claims the Minister for Justice is obliged to consider his application for asylum in light of the ECHR, as it touches upon him as well as the status of Romania vis-a-vis the European Commission and Court of Human Rights. He claims his primary and basic rights will be in jeopardy if he is returned to Romania.
Mr McMorrow said Mr Iordache has been in Ireland since 1997 and has excellent employment prospects and links in the community.
He said Mr Iordache had been persecuted in his home town of Romania because of religious and personal matters and was forced out of his job and residence.
In an affidavit, Mr Pendred said Romania had signed up to the ECHR in 1994. He was informed and believed there were reasonable grounds for believing that Romania was failing to meet its obligations under the convention.
He said Ireland, which signed the ECHR in 1951, has a duty to ensure the effectiveness of the human rights protection system among the Council of Europe states and must do this by having regard to the provisions of the ECHR and the situation in Romania.
There was a question of national prestige, as Ireland could not be seen to be indifferent to the human rights situation in Romania by failing to act under the ECHR.
Merely to hear Mr Iordache without any regard to the position of Romania under the ECHR was wrong.
