The circumstances surrounding the deportation of an Algerian man from this Republic this week might be acceptable in some of the more despotic regimes in this world, but the decision does little credit to a proud democratic state which now holds the presidency of the European Union.
It is a remarkable story; Mr Madani Haouanoh has lived in Ireland for the past five years and married an Irish citizen in 1993. While resident in this State, he had apparently flown to France on several occasions and re entered the jurisdiction without difficulty. On Saturday last, however, he was detained at Dublin Airport because he did not have the necessary re entry permit. He was deported on Tuesday morning, an hour before the High Court granted at temporary injunction staying the deportation order.
Lawyers for Mr Haouanoh have now begun a High Court action to force the Minister for Justice, Mrs Owen, to grant him a visa to re enter Ireland. But theirs is a formidable task given the sweeping, draconian nature of Irish immigration laws. The Minister does not have to give any reason for a refusal to grant a visa. And there is no right to appeal the decision of an immigration officer. The fact that the Department of Justice section dealing with such matters is still called the Aliens Office speaks volumes; it appears to symbolise a suspicious and hostile approach towards those foreign nationals who have the temerity to try to live among us.
It is to be hoped that the harsh treatment meted out to Mr Haouanoh is an isolated example. The decision by the Department of Justice this week to reverse a decision refusing refugee status to 155 Cubans - after it admitted to an "administrative error" - is more in keeping with the Irish tradition of compassion and generosity.
The irony is that the 1996 Refugee Act, due to take effect early next year, has been widely praised for its compassionate approach which, by common consent, will place Ireland in the forefront of progressive international law on asylum and immigration matters.
In general terms, the Government has also adopted a progressive approach in EU discussions on asylum and immigration issues under the so called `Third Pillar' of the Maastricht Treaty.
There will be more cases like that of Mr Haouanoh: Ireland's strong international image as a relatively wealthy and secure member of the European Union will increasingly draw the poor, the displaced and the oppressed from other states. Indeed the number seeking asylum in this State has increased by a remarkable one thousand per cent in the past three years.
No sensible person would make a case for a carte blanche approach towards all visa requests; clearly some rules must be in place and some criteria must be used to evaluate each individual case. But these rules and regulations must allow for compassion and they must reflect the history of a people who are only too familiar with the flight from war and persecution in their own land. The Refugee Act promises a brighter future. It is to be, hoped that those, charged with the task of implementing the new laws will operate them in a humane and charitable way.