Thursday 30 March 2017

Expectant Nigerian dad can stay here for birth

Mr Justice Colm Mac Eochaidh who said it would be
Mr Justice Colm Mac Eochaidh who said it would be "harsh" to deport the man shortly before his partner was due to give birth to their child

Ray Managh

A pregnant Irish woman and her Nigerian fiancee have been granted a High Court injunction preventing the man's deportation from the State.

The injunction was granted by Mr Justice Colm Mac Eochaidh who said it would be "harsh" to deport the man shortly before his partner was due to give birth to their child.

The court heard the child is due in the coming weeks. The man has been in Ireland for some time, and several years ago a deportation order had been made against him.

Judge Mac Eochaidh said in his judgment that the couple had commenced a relationship more than a year ago. They reside together and plan to marry.

An application was made to have the deportation order against him revoked on the basis of their relationship and because they are expecting.

Refusal

They sought an undertaking from the State not to deport him until a decision on the revocation application had been made. No such undertaking was given and the man was informed to present himself to the Garda National Immigration Bureau in early August.

Arising out of that refusal the couple, represented by Michael Conlon SC and Paul O'Shea BL, launched proceedings against the Minister for Justice, Ireland and the Attorney General.

They had asked the court for declarations that the implementation of the deportation order, before a determination had been made in respect of his application to have that order revoked, would be unlawful.

They also sought an injunction preventing the man's deportation, until the judicial review proceedings have been determined.

Judge Mac Eochaidh said the case raised special factors allowing the court to grant an injunction restraining the man's deportation until the main action had been determined.

The case will return before the court at a later date.

Irish Independent

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