Judge slams state system of allowing Chinese man stay in Ireland for over a decade without passport as 'embarrasing'

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A Co Kildare Judge slammed the state today for what he described as an 'embarrassing system' that enabled a Chinese man to remain in Ireland for the past 11 years, without a passport.

33- year-old  Xi Kai Chen, of no fixed abode,  was charged with  theft of €8.90 at Tesco, Maynooth,  and failing to produce a passport/id on the same location, on September 15, 2016.

Evidence was given that Garda Shane Smyth conveyed Kai Chien to Naas Garda Station and found that he had no documentation.

The court heard that Kai Chien has been in custody since September 15, under the Immigration Act.

Garda evidence was given in Kilcock  District Court today how Kai Chien had previous convictions for Section 4 theft in 2009 and had received a two months sentence.

The court heard Garda evidence that Kai Chien had 'fallen through the cracks.'

Judge Desmond Zaidan said: "It shows how lax the system is, it is so open to abuse and evasion. It is embarrassing.

It is not the fault of the Gardaí."

Defence Séamus Boyle outlined how Kai Chien has been working illegally in Chinese restaurants, in 'very poor conditions.'

The court heard how the Department of Justice is in the process of preparing a deportation order.

Judge Zaidan ordered that under the immigration offence , for not having a valid passport, he was convicted and fined €600with two months to pay, with a lump sum.For Section 4 theft, he was convicted and fined €500. He has been released into custody for the Department of Justice to prepare a deportation order.

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