The Minister for Justice has profusely apologised before the High Court to a woman over “profound systems failures” within his Department which resulted in her husband and three children being unnecessarily left in an Ethiopian refugee camp for the last three years when visas had been issued in August 2005 for them to join her in Ireland.
The 30-year-old Somali woman, who fled Somalia in 2003 and secured refugee status here in 2004, was in court yesterday when Sara Moorhead SC, for the Minister, said he “sincerely apologises” to her over what had happened. “We have no excuses for it,” counsel said.
Mr Justice George Birmingham was told the visas for her husband and children, aged eight and nine years, and her adopted child — her deceased brother in law’s daughter aged 16 — were re-issued last Monday and have been collected.
The woman is now expected to be reunited with her family in a month’s time as, the court was told, it takes that length of time to process flights and other matters through agencies.
After applying for her extended family to join her here under the family reunificaiton process, the woman had made several unsuccessful efforts throughout 2005, 2006 and 2007 to find out what was happening to her application. The Refugee Information Service had also in July 2007 written to the Department on her behalf outlining her anxiety.
She said the Department had failed to reply to several letters from herself and her solicitors and it was only in late 2007, when her solicitors secured her Department file under the Freedom of Information Act, that she realised the Department had issued the visas in August 2005. The Department had initially refused to release the file but eventually did so following an appeal within its internal structures.
The woman’s solicitors continued to press the Department to reissue the visas and were finally told last month that the visas would be reissued and could be collected by her husband and children at the Irish Embassy in Addis Ababa. However, when her family went to the embassy, it said it had had no communication with the Department regarding visas and there were no visas for colelction.
The woman then instructed her lawyers to initiate High Court prcoeedings aimed at securing orders directing the Minister to issue the visas. When the case came before Mr Justice John Hedigan last week, he adjourned it in order for the Department to explain itself.
The case was returned to Monday last when Ms Justice Mary Finlay Geoghegan was told the visas would be issued and was again adjourned to yesterday before Mr Justice Birmingham.
John Trainor SC, with Michael Lynn BL, for the woman, said she had applied for leave to bring judicial review proceedings but in light of events that application could be adjourned. (In her action, the woman sought orders requiring the issuing of the visias and damages, includign aggravated damages, for breach of her rights and it is likely she will seek leave to proceed with the claim for damages when the case again comes before the court in October).
Counsel said there had been a development in that the visas had now issued and been collected and it was expected the woman’s husband and children would join her within a month.
Ms Moorhead, for the Minister, said he “sincerely apologises” for what was “a profound systems failure”. This was not a question of delay as the visas were processed, counsel said. Without prejudice, she added, the Minister did not dispute the woman’s version of events and that she had contacted the Department.
Counsel said the Minister “sincerely regrets what has gone on”. “We don’t have excuses for it,” she added. She also said “heaven and earth have been moved” to try and improve the woman’s situation and her side would take all steps to assist her.
Mr Trainor said the whole thing had been “extremely stressful” for his client and he could not put that distress into words. His side noted what had been said on behalf of the Minister and, “no doubt, comfort would be taken”.
The woman has said in an affidavit that she has been “very distressed by being apart from my husband and children knowing they are at risk where they are and am extremely upset at the time it has taken to secure visas..The time apart from them can never be replaced. I have lost three years with my children as they grow up.”
In her action, the woman alleges breaches of provisions of the Refugee Act 1996, the Constitution and the European Convention on Human Rights in the treatment of her case. She claims the time taken to permit and facilitate family reunification in the State is unreasonable and unfair and fails to have any proper regard to the situation of a refugee, the institution of marriage and the principle of family unity.
Mr Justice Birmingam has adjourned the case to the second week of October.
