The Minister for Justice is to review the case of a 33-year-old Chilean woman who was kept in solitary confinement for more than a week in Mountjoy Prison after immigration officials refused to allow her into the country.
The State did not contest an inquiry into the legality of the detention of Estefany Carolina Alquinta Gonzalez, who came to Ireland earlier this month to start a six-month course with a Dublin-based language school to study English.
However, when she arrived at Dublin Airport on 2 July she was detained by immigration officials and was denied entry on the grounds that she represented a real and immediate threat to the fundamental policy interests of the State.
Ms Gonzalez denied that she posed any risk.
She was transferred to the Dochas Centre at Mountjoy and kept isolated from other prisoners due to Covid-19 regulations.
She has tested negative for the virus.
Chilean citizens do not require a visa to visit Ireland.
Mr Justice Charles Meenan was told by Ms Gonzalez's legal team that the State was not contesting the matter and ordered her release.
He also awarded Ms Gonzalez her legal costs and ordered an inquiry into her detention under Article 40 of the Constitution.
The court also heard that Minister for Justice Helen McEntee intends to review a decision, which was the subject of a second set of proceedings, not to grant Ms Gonzalez permission to remain in the State.
Ms Gonzalez represented by Rosario Boyle SC, appearing with Aoife McMahon Bl instructed by solicitor Wendy Lyon, had argued that prior to coming to Ireland she had been in contact with the Department of Foreign Affairs.
Before arriving in Ireland Ms Gonzalez said an official in that department said she would be allowed enter Ireland in order to complete her course, even though her courses were to be delivered online, as long as her travel documents were in order.
Ms Gonzalez had travelled around Europe in recent years and has always complied with the terms of visas issued to her and produced all her paperwork to officials when she arrived in Dublin.
She had been staying in Denmark, and while her visa to stay there was due to expire in early July, but was prevented from leaving that country due to the Covid-19 pandemic.
On arriving in Dublin she provided immigration officials with her documentation, proof of funds and a copy of her communications with the DFA, and said that she had booked accommodation where she planned to self isolate for two weeks.
However Ms Gonzalez was denied entry to the State and claimed she was told by the officials to return to Denmark, as no student visa were being given out as the schools were shut.
She claimed that she was informed that she could not enter as a tourist as she wanted to come into Ireland as a student.
She further claimed she told officials that while courses were being given online she wanted to remain in Ireland until classes opened, but immigration officials denied her permission to enter the State, arrested and detained her.
