A Chinese take-away owner from Donegal who challenged the legality of his detention has been released from Castlerea Prison.
The challenge was brought by Yuntao Yu who had been incarcerated at the Co Roscommon prison since March 25th last on foot of a deportation order issued in 2009.
The High Court heard since 2015, Mr Yu has run the China Town take-away food business located on Letterkenny’s Port Road.
On Tuesday, the High Court granted Mr Yu’s lawyers an inquiry into the lawfulness of his detention under Article 40.4.2 of the Constitution.
When the matter returned before Mr Justice Robert Haughton on Wednesday barrister Gavin Keogh, appearing with solicitor Donal Quigley for Mr Yu said the arguments advanced on his client’s behalf had been conceded by the State and the case could be struck out.
Anthony Moore, barrister for the State, confirmed to the court that Mr Yu, who is a Chinese national, had been released from the prison on Tuesday night. Mr Yu was not presented in court during the brief hearing.
Mr Yu, who has lived and worked openly in Ireland for the last 16 years, claimed his detention was unlawful on grounds including that there was no realistic prospect he would be removed from the State within the requisite time-frame.
Mr Yu, who has been based in Letterkenny, Co Donegal for several years, argued it is unlawful for persons subject to deportation orders to spend any more than 56 days in detention.
Mr Yu (36) had in 2011 spent 44 days in prison on foot of the same 2009 deportation order.
In addition, he did not have any travel documents, including a passport which he needed to have before any deportation order could be effected.
As there was no possibility of Mr Yu being removed form the State within the required 56 days, his lawyers argued his continued detention was unlawful, and he should be released.
It was also argued his detention was unnecessary and entirely disproportionate. His personal circumstances have changed considerably since the deportation order was made.
His lawyers said it would be unjust to enforce the deportation order, in light of these facts, and Mr Yu will seek to have the deportation order revoked.
Mr Yu lives in Letterkenny with his wife, and family and never sought to evade the authorities.