Chinese woman faces deportation after Belfast shopping trip

A young Chinese woman who has been living in Ireland for almost eight years, is facing deportation — all because of a shopping day-trip to Belfast.

Barrister Keith Spencer told the High Court yesterday that Qiaohua Zhang, of Belmayne Park South, Balgriffin, Co Dublin, had been studying in Dublin on a valid student visa for the past seven-and-a-half years.

He said her visa expired on Jan 23 last and, while she had been living in Ireland illegally since then, she had remained in contact with the Garda National Immigration Bureau while attempting to negotiate a visa extension.

Mr Spencer said Ms Zhang had a long-term boyfriend and a close network of friends in Dublin. She spoke English, worked as a waitress to finance her education, and was seeking to regularise her status through proper channels.

“On Aug 1 last, she had travelled by bus to Belfast to do some shopping in the sales and was returning to Dublin when Garda Philip McGovern boarded the bus at Dundalk,” said Mr Spencer.

She was detained in Dundalk by Garda McGovern, an immigration officer, and following inquiries with the GNIB was “refused permission to land in the State”. Garda McGovern directed that pending her deportation she be detained in Mountjoy Women’s Prison.

Mr Justice Michael Peart had been asked in an Article 40 application to release Ms Zhang on grounds that her detention was not in accordance with law.

Judge Peart said Garda McGovern had entered the bus to determine whether passengers should be granted entry to the State. Ms Zhang identified herself with her Irish driving licence but had no valid visa.

“The court has no reason to believe that Ms Zhang was untruthful with Garda McGovern and there has been no evidence she was an evader operating under the radar in the hope of not being caught,” said the judge.

He said having left the State to shop in the North, Ms Zhang did not realise she was allowing herself, on her return, to be treated as a new entrant to the State.

He said the immigration laws did not make any allowance for somebody leaving the State for a day.

“The applicant has to be treated as a new entrant,” said Judge Peart.

He ruled Ms Zhang’s detention was in accordance with law and awarded the State its legal costs of defending the application for her release. Ms Zhang was returned to prison to await deportation.