An Angolan man, described as a valued member of the Special Olympics in Ireland, has secured an interim High Court injunction restraining his deportation.
Mr Sebastiao Mpelbele Kalamandua (32) claims his life is in danger if he is returned to Angola where he was tortured while in prison there. He is also pursuing judicial review proceedings aimed at overturning the deportation order.
On the application of Mr Brendan Kilty SC, for Mr Kalamandua, who is an apprentice dancer at the Irish Modern Dance Theatre, Ms Justice Dunne yesterday granted an order restraining the deportation. The injunction applies to January 17th next and the judge said the State had liberty to apply to overturn the order at 48 hours' notice.
The order restrained the Minister for Justice from deporting Mr Kalamandua at 4 p.m. yesterday on grounds that he was given insufficient time to consider the matter between the serving of the deportation order on November 26th last and its proposed implementation yesterday.
In an affidavit, Mr John Scott, the artistic director of the Irish Modern Dance Theatre, SFX City Theatre, Dublin, said he had known Mr Kalamandua since June 2003 and believed he had fled his country in August 2001 and had come to Ireland to seek asylum.
He said Mr Kalamandua had been studying for a degree in architecture in the Democratic Republic of Congo. However, during a visit home to Angola, he was conscripted into the army and forced to infiltrate UNITA (Union Nationale De Independent Totale Angola).
Mr Scott said he believed the state military had detained Mr Kalamandua and accused him of being a UNITA spy. For five months he was incarcerated and tortured. Mr Kalamandua feared for his life if sent back to Angola and the torture and incarceration he suffered there continued to cause him personal trauma and depression.
Mr Scott said Mr Kalamandua had learned English and computing and had become a valued member of the Special Olympics in Ireland. He was now a part of Team 2005, which is to accompany the Irish team to the Winter Olympics in Japan next February.
He was also an excellent dancer, Mr Scott said, and, given the chance, he would have no hesitation in employing him. Mr Kalamandua remained under the care of the Centre for the Care of Survivors of Torture and was involved in a counselling group there.