Court orders inquiry into detention of fisherman in mandatory hotel quarantine

Counsel for the fisherman argued that as a fisherman his client is exempt from having to undergo the mandatory hotel quarantine

Counsel said that it is their case that his client is an exempted traveller under the Health Act as he works as a member of a maritime crew who has arrived in the state in order to perform his duties. File photo: Eamonn Farrell/RollingNews.ie

The High Court has directed an inquiry into the detention of a fisherman currently undergoing mandatory hotel quarantine following his arrival into Dublin Airport last weekend.

The inquiry has been brought on behalf of 38-year-old Islam Gabin Mohamed Gabin, an Egyptian national.

He had returned to his home country in March while on leave from his employment with Irish-based Atlantic Rose Fishing Company where he works on a fishing vessel.

Question around exemption for fishers

At the High Court on Thursday his counsel Darren Lehane SC said that as a fisherman his client is exempt from having to undergo the mandatory hotel quarantine.

His client's ongoing detention is unlawful in circumstances where he satisfies the exemptions contained in the relevant regulations introduced due to the Covid-19 pandemic, counsel added.

Counsel said his client arrived into Ireland from Egypt, via a flight from Istanbul in Turkey last Saturday, May 22.

On his arrival into Dublin Airport he was taken by the Irish authorities to quarantine at the Croke Park Hotel in Dublin.

Following discussions with his employer, his client sought to have his situation reviewed on the basis that quarantine does not apply to fishermen.

His review was not successful, Mr Lehane instructed by solicitor Dermot Conway, said.

However, counsel said that it is their case that his client is an exempted traveller under the Health Act as he works as a member of a maritime crew who has arrived in the state in order to perform his duties.

Efforts were made to contact the authorities to highlight the fact that the applicant does not have to spend up to 14 days in quarantine before he can resume working.

Inquiry sought

No response was received resulting in the applicant's solicitors seeking the inquiry into his client's detention, counsel added.

The applicant underwent a PCR test in Turkey which was negative, the court also heard.

The action is against the Doyle Hotels (Holding) Limited which operates the hotel were the applicant is currently undergoing quarantine.

Ms Justice Bronagh O'Hanlon directed the inquiry, under Article 40 of the Constitution, which was sought on an ex-parte (one side only represented) basis.

The matter will return before the courts on Monday.