Inquiry ordered into detention of Donegal-based restaurant owner

 

The High Court has ordered an inquiry into the legality of the detention of a Chinese take-away owner who has lived and worked in Ireland for the past 16 years.
According to the Independent, the application has been brought on behalf of Mr Yuntao Yu who had been living in Letterkenny and was detained at Castlerea Prison, Co Roscommon since March 25th last on foot of a deportation order issued in 2009.
Mr Justice Meenan has granted Mr Yu’s lawyers an inquiry into the lawfulness of his detention under Article 40.4.2 of the Irish Constitution.
The High Court has ordered an inquiry into the legality of the detention of a Chinese take-away owner who has lived and worked in Ireland for the past 16 years.
According to the Independent, the application has been brought on behalf of Mr Yuntao Yu who had been living in Letterkenny and was detained at Castlerea Prison, Co Roscommon since March 2th last on foot of a deportation order issued in 2009.
Mr 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.
36 year old Mr Yu, who has been based in Letterkenny for several years with his family and had run a takeaway business in the town since 2015, argues it is unlawful for persons subject to deportation orders to spend any more than 56 days in detention.
The High Court was told that Mr Yu had previously spent 44 days in prison on foot of the same 2009 deportation order, in addition he does not have any travel documents which he needs to be provided with before any deportation order can be effected.
When the total amount of time was taken into account there seemed to be no possibility of Mr Yu being removed form the State within the required 56 days.
On that basis Mr Yu’s continued detention is unlawful, and he should be released, counsel said.
Counsel said Mr Yu’s detention was unnecessary and entirely disproportionate personal circumstances have changed considerably since the deportation order was made.
Mr 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 Mr Yu 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 Gardai and is known to them by name.
Mr Justice Meenan granted Mr 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 Wednesday’s sitting of the Court to allow lawyers for the State to respond to the application.