Family get Christmas 'reprieve' in battle for asylum
Wednesday December 17 2008
THE NIGERIAN mother and her daughters who are under threat of deportation could be spending Christmas in Ireland after a judge adjourned a court application until January.
Pamela Izevbekhai, who is also awaiting a decision from the European Court of Human Rights on her case, is fighting for asylum because she fears that if forced to return to Nigeria, her daughters Naomi (7) and Jemima (6) are in danger of female genital mutilation (FGM). But the despairing mother said last night that she feared they could still face deportation in the coming days.
"I honestly do not know what will happen to us so I cannot relax and think about Christmas or make any plans.
"If the European court got back to us, that could mean we would have to go," she said.
The mother has also had to explain to older daughter Naomi that she would not be able to have a birthday party when she turns eight on December 28. "I had to take her aside and tell her that it was too difficult and that I was not in the space right now to organise a birthday party.
"When we came here to seek asylum we came here for protection but we are having to defend our reason for coming.
"It is not what I expected. Now the children are having to make sacrifices as well," she said.
Today the mother and daughters have been invited to the Dail by Fine Gael TD Alan Shatter. Afterwards, Ms Izevbekhai will address a group of senators and TDs about her plight.
Yesterday in the High Court, a judge who refused to stop a deportation order against Pamela agreed to disqualify himself from hearing separate legal proceedings she is taking.
Last month, Mr Justice John Hedigan refused to grant an injunction stopping the family's deportation. After the ruling, Ms Izevbekhai and her daughters were granted a reprieve following the intervention of the European Court of Human Rights (ECHR).
Challenge
Yesterday, Judge Hedigan was due to hear the full judicial review application by the woman challenging the legal basis of the original deportation order. But he disqualified himself from the case following a request by Ms Izevbekhai's lawyers. At the same time, Judge Hedigan adjourned judicial review proceedings brought by Ms Izevbekhai in which she is challenging the Justice Minister's refusal to consider her claim for "subsidiary protection", which would allow her to remain here.
Ms Izevbekhai, who has already lost a baby daughter after the child was forcibly genitally mutilated in Nigeria, has failed in a previous judicial review application against the deportation orders and permission to appeal to the Supreme Court was also refused.
- Tim Healy and Anita Guidera
