A Nigerian woman has asked the High Court to declare unconstitutional a provision of the Refugee Act, 1996. This prevents publication of the identity of asylum-seekers who take judicial review actions unless the Minister for Justice and the applicant consent to such publication.
Ms Margaret Moni Jonathan is arguing that Section 19 of the Refugee Act is in breach of the freedom of expression rights in the Constitution.
She has had her application for refugee status rejected, and her appeal against that rejection was also refused. A decision to deport her was made in November 2000.
Ms Jonathan has taken judicial review proceedings challenging both the decision of the Minister and the rejection of her appeal by the Refugee Appeals Authority.
On June 2nd, 2000, the Minister consented to her identity being revealed and argues that, because of that decision, she does not have the required legal standing to bring the constitutional challenge.
Ms Jonathan argues that the Minister's consent to publication after she took legal proceedings should not deprive her of her right to mount the challenge. She argues that Section 19 should not be rendered immune from challenge by means of "a sham".
In court yesterday Mr Gerard Hogan SC, for Ms Jonathan, said Section 19 declares nothing shall be broadcast or published which tends to identify an applicant without the consent of the person concerned and the consent of the Minister (which shall not be reasonably withheld).
Persons who contravened the section were liable on conviction to a fine not exceeding €1,500 or to imprisonment for a term not exceeding 12 months or both.
Mr Hogan argued Section 19 was in conflict with the freedom of speech provision in Article 40 of the Constitution and also with Article 34.1 which provides that justice shall be administered in public, except in special cases as may be prescribed by law.