Nigerian woman and her Irish-born child likely to be deported from Ireland

Nigerian woman and her Irish-born child likely to be deported from Ireland

A  Nigerian woman, who hid from the authorities for almost five years  after  deportation orders had been issued, could face deportation along with  her Irish-born child after the High Court on Monday, November 28th,  lifted an injunction preventing the State from sending them out of the  country.

Justice Richard Humphreys yesterday, placed a four-week stay on the  injunction discharge order so the mother and child can pursue any  consequential orders and put their affairs in order before the deportation.

On  May this year, the judge had rejected claims made by the Nigerian  woman, a failed asylum seeker, that her deportation should be revoked.  She took the action on grounds  including the child’s educational rights not being properly considered.  Dismissing the case, the judge found the child’s educational rights,  such as the right to free primary education while in the State, are not a  barrier to deportation.

An appeal against that decision is pending before the Court of  Appeal. At the time, a temporary injunction was secured preventing the  State from deporting them.

They wanted the injunction continued until their case has been determined. They claimed a recent Court of Appeal judgment supported the  injunction application, particularly their argument the child should not  be identified with the mother going into hiding after the deportation  orders were issued. The State sought to have the injunction discharged.

In a ruling, Mr Justice Humphreys said he was satisfied to  discharge the injunction. When considering the balance of justice, he  said it was “not unjust” to deport the applicants before the appeal is  heard. The applicants could progress their appeal without being present  in Ireland, he said. He said the main factor against refusing to grant  the injunction was the disruption to the child. However, he said he did  not regard the argument as being decisive.

He said he had to have regards to the public interest in enforcing  deportation orders, the weak nature of the applicants’ case, the lack of  any legal basis for the applicants to be present in Ireland and the  mother’s misconduct.

Source: Irishexaminer.com

This post first appeared on Linda Ikeji's Blog. Read the original story here.

Source: Nigerian woman and her Irish-born child likely to be deported from Ireland

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