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National News

State wants deportation ban lifted in Pamela case

By TOM BRADY

Wednesday April 01 2009

THE State has asked the European Court of Human Rights to be allowed to lift an undertaking it gave not to deport failed asylum seeker Pamela Izevbekhai.

The undertaking had been given on behalf of Justice Minister Dermot Ahern after lawyers for Mrs Izevbekhai brought her case to the European Court after her appeal against deportation was turned down by the courts in Dublin.

It stated that no move to deport her would take place, pending the outcome of the deliberations by the European Court.

But since then the State has uncovered fresh evidence showing that documents presented to the courts by Mrs Izevbekhai were forgeries.

That evidence was presented to the European Court in Strasbourg last week and, it was learned last night, the State has now asked for permission to withdraw its undertaking.

But before the European Court makes a ruling, the case will come up before the Supreme Court in Dublin on Friday.

Lawyers for Mrs Izevbekhai have indicated they may come "off record" on Friday and ask for her appeal to be withdrawn in the light of the new evidence and her acceptance that the documents are fake.

Forged

Legal sources said last night that the Supreme Court could agree to that scenario and it was then up to the European Court.

But another possible option could result in the court insisting that the case be examined further because of the seriousness of the admission that forged documents were used.

The documents were an affidavit, allegedly sworn by an obstetrician in Lagos, which purported to verify that she had given birth to a daughter, Elizabeth, in February 1993 and that the girl died in July 1994, following female genital mutilation, as well as a forged certificate of death for Elizabeth.

The documents were shown to be false following an investigation by the Garda national immigration bureau and officials from the Irish Embassy in the Nigerian capital, Abuja.

The investigation was instigated late last year after earlier inquiries highlighted alleged irregularities in Mrs Izevbekhai's asylum record.

The circumstances surrounding Elizabeth's birth and death were central to the case made on behalf of the Nigerian woman to be allowed to stay here as she feared that her two other daughters, Naomi and Jemima could be subjected to female genital mutilation if the family were sent back home.

Her legal fight against deportation resulted in 19 High Court appearances.

Obstetrician and consultant gynaecologist Dr Joseph Unokanjo has now sworn on affidavit that the previous affidavit, allegedly signed by him, was a forgery.

- TOM BRADY

 
 

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