Moeen Akram and The Minister for Justice and Equality and the Commissioner of an Garda Siochana
Judgment of Ms. Justice Donnelly
This case centered on the legality of immigration officers preventing the Appellant from entering the state and searching their phone for documentation. The Court ruled that the officers were acting within their legal authority, with the added affirmation that those seeking to enter the state accept the fact that they be searched or questioned as a prerequisite to enter, by searching the phone of the Appellant.
However, the Court also ruled that while the Immigration officer was acting in accordance with the law by copying the documents on the Appellant’s phone, he acted unlawfully by retaining those documents far beyond the point of examination which the law permits.
While the Court denied a appeal on the grounds that the illegality of the search prevented the Appellant’s entry into the State, their rights were breached by the excesses of the immigration officer so a declaration was allowed that declared the retention of the copied documents in violation of their rights.
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