Court upholds decision to issue deportation order against man convicted of smuggling cocaine
A convicted drug dealer has lost a High Court challenge against a deportation order made against him.
The challenge was brought by Shaeed Adeola Ishola, who in 2012 was jailed for seven years after he pleaded guilty to possession of drugs for sale or supply on May 25, 2011.
He was arrested by gardaí following the discovery of €1.4m worth of cocaine in a fake diplomatic bag at Dublin Airport.
In a judgement Mr Justice Max Barrett upheld a decision by the Minister for Justice in August 2019 that Ishola, who was released from prison in 2016 after receiving enhanced remission, should be deported.
44-year-old Ishola, who is married to an Irish citizen and is the father of four Irish citizen children, had been living in Ireland without incident since his release.
A challenge was brought against the deportation order on grounds including that there was a delay in making the decision to deport Ishola and that the order breached his family's constitutional rights and their family and privacy rights under the European Convention of Human Rights.
It was also claimed that the Minister's decision was disproportionate, irrational and unreasonable, given that Ishola was deemed to be at a low risk of re-offending and has strong connections to the State.
The Minister opposed the application.
Rejecting the arguments the Minister's lawyers said that all relevant information had been weighed up before the decision to issue a deportation order was made.
The Minister also said that decision was not solely based on the conviction itself, but on factors including the seriousness of the offence, and Ishola's fraud conviction in the UK.
In his judgement, Mr Justice Barrett said he did not accept the Minister's decision to deport Ishola was incorrect and said he was declining to make any order setting aside the decision.
The Minister had not breached Ishola, of Rathgael, Clondalkin, Dublin, and his family's rights, the judge held.
The judge also said the court did not accept Ishola's post-release presence in Ireland was tolerated by the minister in the sense that there was an ongoing deportation process in train against him.
The judge noted that in total Ishola had spent the best part of 10 years away from his family. who during this time were dependent on Mrs Ishola.
The court also noted there were only a few details submitted to the court concerning Ishola's role and integration with his four children.
