South African jailed for drug offences loses deportation challenge

High Court told man’s Irish-born children should not be ‘punished for his sins.’

A man jailed for the possession and sale of drugs has lost a legal challenge against a deportation order that will send him home while his two Irish-born children remain in Ireland.

Mr Justice Richard Humphreys said the applicant and his wife, who are both also South African, married in their home country and came to Ireland in the late 1990’s. They had two children in the State.

The man had applied for and was refused refugee status and lost an appeal against the decision but had been granted leave to remain on the basis of being the father of an Irish citizen child.

He had made two applications for a certificate of naturalisation which had both been refused.

The High Court judge said the man, who cannot be identified for legal reasons, was then convicted of the drug related offences by a jury and had been imprisoned.

The man had later been granted enhanced remission of sentence by the Minister for Justice who had already issued a “proposal” to deport him. The deportation order was formally made against him later.

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