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Inside an Irish prison cell. Nicky Ryan

Inquiry ordered into continued detention of Donegal-based Chinese take-away owner

He has been detained in prison since 25 March.

THE HIGH COURT has ordered an inquiry into the legality of the detention of a Chinese take-away owner who has lived and worked openly in Ireland for the last 16 years.

The application has been brought on behalf of Chinese native Yuntao Yu, who has been detained at Castlerea Prison in Roscommon since 25 March on foot of a deportation order issued in 2009.

Yu, represented by barrister Gavin Keogh Bl, instructed by solicitor Donal Quigley, claims his detention is unlawful on grounds including that there is no realistic prospect he will be removed from the State within the requisite time-frame.

Yu, who has been based in Letterkenny, Donegal for several years, argues it is unlawful for persons subject to deportation orders to spend any more than 56 days in detention.

Keogh told Justice Charles Meenan that Yu had previously spent 44 days in prison on foot of the same 2009 deportation order.

In addition Yu (36) does not have any travel documents which he needs to be provided with before any deportation order can be affected.

When the total amount of time was taken into account, there seemed to be no possibility of Yu being removed from the State within the required 56 days.

On that basis, Yu’s continued detention is unlawful, and he should be released, counsel said.

Yu had been residing in Letterkenny with his wife, and family where he had been living openly and never sought to evade the authorities in any way, counsel said.

Since 2015, he has run a take away food business located beside Letterkenny Garda Station, and under his own PPS, counsel said.

Through his business, which counsel said is registered with Revenue and the Companies Office, he frequently interacts with many members of the gardaí and is known to them by name.

Counsel said it would be unjust to enforce the deportation order in light of these facts, and Yu will seek to have the deportation order revoked.

Justice Meenan granted Yu’s lawyers an inquiry into the lawfulness of his detention under Article 40.4.2 of the Irish Constitution.

The Judge adjourned the matter to today’s sitting of the Court to allow lawyers for the State to respond to the application.

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    Mute Deborah Behan
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    Apr 4th 2018, 7:56 AM

    He’s worked and provided employment and taxes for years and has a family? Surely this is not the immigrants we want deported. If so why wasn’t he deported in 2009? Seems cruel and unnecessary.

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    Mute johnp
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    Apr 4th 2018, 8:53 AM

    @Deborah Behan: maybe because he destroyed his passport and China normally refuses to issue new documents to people being deported it’s a well known trick used by immigrants

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    Mute Patabake Kennedy
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    Apr 4th 2018, 9:44 AM

    @Deborah Behan: cruel. the epitaph of FG.

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    Mute johnp
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    Apr 4th 2018, 10:02 AM

    @Patabake Kennedy: so you think illegal immigrants should be allowed stay here

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    Mute Patabake Kennedy
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    Apr 4th 2018, 10:22 AM

    @johnp: Do you believe that the Irish illegals should be allowed to roam around the USA. What’s the difference? I am not getting into a shouting match with you this fine morning, but, have a little empathy and let people exist in peace as they seem to contribute to society a lot more than the lazy bunch that we produce at home.

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    Mute Kavo
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    Apr 4th 2018, 10:31 AM

    @Deborah Behan: doesn’t matter, he’s broken the law, try doing that in China and see how well the “law” would treat you. Get his papers and get him on his merry way.

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    Mute johnp
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    Apr 4th 2018, 11:27 AM

    @Patabake Kennedy:what happens to illegal Irish when they are caught they are deported, we need to have some control over our borders and this person had been fighting deportation for 9 years

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    Mute Patabake Kennedy
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    Apr 4th 2018, 12:36 PM

    @johnp: Gooooood mooooorning Mr President.

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    Mute johnp
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    Apr 4th 2018, 12:47 PM

    @Patabake Kennedy: good one

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    Mute Carina Clarke
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    Apr 4th 2018, 5:20 PM

    @johnp: yes, if they are contributing I dont see why anyone should be refused. This country needs a serious injection of young skilled and unskilled workers over the next 30 years.

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    Mute Cheryl Mellett
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    Apr 4th 2018, 7:57 AM

    Seems a bit harsh to deport him at this point How does he have a valid pps number and able to establish his own business in his own name as an illegal immigrant. He seems to be making a valuable contribution to society, working for his living, paying his taxes and not doing any harm to anyone.

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    Mute Aidan Augustus Daly
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    Apr 4th 2018, 6:34 AM

    why not deport corrupt clergy and politicians

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    Mute Vocal Outrage
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    Apr 4th 2018, 6:44 AM

    @Aidan Augustus Daly: I think you’ll find the church hierarchy deported clergy, that was part of the problem, it allowed them to evade justice

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    Mute John Campbell
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    Apr 4th 2018, 7:13 AM

    @Aidan Augustus Daly: by your reckoning a huge portion of the population should be deported. Ninety six percent of child abuse had nothing to do with clergy , I’m not sure of the numbers of corrupt politicians, there appears to be a level of corruption in other State Agencies , we have the Banks, Financial Institutions, Charities, and so on. We’ll have to charter many ships and planes to shift the deportees. Aidan, I think you should do a little more thinking before throwing in comments. The item concerned itself with one named individual who appears to have evaded an original deportation order.

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    Mute WoodlandBard
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    Apr 4th 2018, 10:03 AM

    @Vocal Outrage: the Vatican Protection Scheme

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    Mute Toomasu Sumitsu
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    Apr 4th 2018, 8:32 AM

    He needs to be deported to avoid setting a precedent. You play by the rules or you’re out. There should be no exceptions.

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    Mute James Grant
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    Apr 4th 2018, 10:24 AM

    He was ordered deported years ago and the incompetent government never carried it out. This is a normal occurrence in Ireland. The immigration enforcement system is farce.

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    Mute SteoG
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    Apr 4th 2018, 11:18 AM

    He broke the rules so he has to go, end of. No excuses.

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    Mute Danny E
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    Apr 4th 2018, 6:22 AM

    yu cant cook!!

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    Mute Sean taoiseach
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    Apr 4th 2018, 9:39 AM

    Probably provided discount meals to the gardai and upset somebody with a dodgy curry and gets locked up. Obviously didnt read his fortune cookies

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    Mute Aidan Augustus Daly
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    Apr 4th 2018, 6:48 AM

    Vocal -they was sheperded to local pastures

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    Mute Aidan Augustus Daly
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    Apr 4th 2018, 7:16 AM

    it seems your a preserver of our resident evil

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    Mute Carmel S Larkin
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    Apr 5th 2018, 3:08 AM

    Hi he must have served a takeout to the wrong person

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