'Man of mystery' who came to Ireland with fake passport told to provide ID or face jail
The accused, who said he was from Algeria, aged 37, and has given the name Yassing Boutank, with no fixed address, was arrested on suspicion of stealing a phone from a French tourist in Dublin on May 7
A "man of mystery" who admitted in court that he travelled to Ireland on a false passport has been convicted of breaking immigration laws and ordered to provide evidence of his identity.
The accused, who said he was from Algeria, aged 37, and has given the name Yassing Boutank, with no fixed address, was arrested on suspicion of stealing a phone from a French tourist in Dublin on May 7.
He was charged with that offence, which he denied, was refused bail almost four months ago and has been in custody since then. However, the theft charge was withdrawn on Friday because the phone owner could not give evidence.
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Boutank then pleaded guilty to an Immigration Act charge for failing to show Garda Niamh Flood a valid passport or a document establishing his identity on the date of his arrest at Parnell Street. The court heard she could not confirm his claim that he had been working and residing in Co Monaghan.
Defence counsel Fergal McMorrow told Judge John Hughes that his client was previously in France and then went to Luxembourg. He flew to Ireland two years ago using "some form of document to facilitate that" but had not applied for asylum.
Following questions from the judge, the defence confirmed the accused used a false passport to travel to Ireland and claimed he got farm work here. Boutank told the court he left Algeria, where he had no work or property, in 2010 and went to Ibiza, Spain, and then to France.
He said he never had a passport, and the only document with his identity was his birth certificate, which was still in Algeria. Counsel said his client would try to obtain legal status in Ireland upon release from prison. The offence carries a maximum 12-month sentence and a possible fine of up to €3,000.
Judge Hughes said the accused was "a man of mystery" with no visa or work permit, and he had not applied for asylum. He imposed a nine-month sentence, backdated to the date Boutank went into custody, and suspended the last five months, meaning he would be out within days.
He must provide contact details, not reoffend for two years, engage with the Probation Service and remain in the State only if he has legal status. He also has to submit evidence to Gardaí within two weeks of an application to stay in the country legally and a passport or some identification document to Gardaí within 30 days. Otherwise, the suspended portion of the sentence could be activated.
Legal aid was granted.
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