Georgian construction worker cannot challenge deportation order, High Court rules – The Irish Times
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Georgian construction worker cannot challenge deportation order, High Court rules – The Irish Times

A Georgian national who works in the Irish construction industry has failed to convince the High Court that he should be allowed to challenge his proposed deportation on the grounds that his skills help meet national housing requirements.

In legal documents before the High Court, the man (in his 30s) claimed that Justice Minister Helen McEntee had failed to take into account his “unique skills and integral contribution” to an Irish window and door business which will be significantly adversely affected by his loss.

The minister should have given more weight to the fact that Ireland has a shortage of skilled construction workers amid a push for increased house building, he argued. He also complained that Georgia is no longer safe.

On Friday, Justice Mary Rose Gearty said she had sympathy for the man but he did not meet the threshold required to be allowed to pursue his case through the High Court.

The man, who cannot be identified due to legal regulations, is in jail awaiting deportation.

Georgia is among 15 countries that the minister has designated as safe. People applying for asylum from these countries have their applications processed more quickly and must demonstrate that their case is exceptional and show “serious reasons” why their country is unsafe for them.

The international protection office, an appeals court and the minister agreed he should be refused refugee or other protected status, the man’s legal documents noted.

Last May, the minister gave him five days to voluntarily return to Georgia before being deported. An order was issued in July directing him to leave the state by the end of August or risk arrest and detention to enforce the deportation.

In mid-August, his lawyers applied to the minister under a provision of the 1999 Immigration Act seeking to revoke the deportation order. They highlighted his fear of danger in Georgia and his financial contributions to Ireland.

The lawyers noted Belgium’s recent decision to remove Georgia from its list of safe countries due to alleged increased risks and deteriorating security.

The minister decided earlier this month that she would not revoke the deportation order because he did not provide any new reasons to change her opinion about the alleged threat to his life or freedom.

Although he had positive job prospects, his employment permit was temporary and had now expired, the minister noted. She said there were no special circumstances that would override the state’s interests in border control.

The man, who had been living in government-provided accommodation, reported to the Garda National Immigration Bureau on October 16 as instructed. He was arrested and is being held in jail for “failing to leave the state within the time specified in the warrant.”

The man brought charges in the Supreme Court with the aim of stopping his deportation and releasing him from prison.

First, he needed the court’s permission to proceed with the case. For this he had to show that he had “substantial” legal grounds to question the minister’s decision to refuse to revoke the deportation order.

The judge refused to allow him to proceed with his proceedings. She said there was no new evidence to warrant reconsidering the minister’s decision.

Although she rejected his application, she said the case raised important issues so she would not order him to pay the state’s legal costs.