Friday 15 December 2017

Father fearful for son's welfare secures temporary injunction halting his deportation

The Four Courts, Dublin
The Four Courts, Dublin

Aodhan O'Faolain

An Indian man who is extremely concerned about the welfare of his Irish born child has secured a temporary High Court injunction preventing his deportation.

The man, who cannot be identified for legal reasons, has been living in Ireland for almost two years, but was arrested and detained in prison by the Gardai on foot of a deportation order issued by the Minister for Justice.

However the man's lawyers secured an interim injunction halting his removal from the state after the High Court heard the man fears for his son's on going safety.

This is because shortly after his incarceration the child and his mother moved in with another man, whom she had previously been in a relationship with, who it is claimed has a history of drug taking and violence.

The father believes the other man has "no affection  or regard" for his son and fears there is a threat to the young boy's well being.

In order to protect his son the man wants to remain in Ireland and has brought proceedings on both his and his son's behalf against the Minister for Justice and Equality Ireland and the Attorney General seeking orders including an injunction preventing his deportation.

He also seeks by way of judicial review declarations that his deportation would be unlawful on  grounds including that the Minister has failed to consider his application, made earlier this month, to revoke the deportation order against him. 

Counsel for the man Paul O Shea Bl, instructed by solicitor Peter Keatings, told the High Court the child's father came to Ireland in 2015.

In Ireland the man met and fell in love with a woman, who is an EU national,  who became pregnant.

In early 2016 he applied for asylum, but failed to pursue that application because of his relationship and the arrival of their child, who was born late last year.

Counsel said his client had been in a loving relationship, and the couple and their child had resided together. 

Sadly difficulties arose after the man's partner got in contact  with her ex-boyfriend, who it is claimed has acted violently.  

Last month the Gardai had to be called after the ex boyfriend attempted to kick down the door of their house.

Counsel said her contact with him caused difficulties in the relationship.

In early April the child's father was arrested by Gardai and detained in prison on foot of a deportation order. 

He did not know when that order was made, but given the change in his circumstances asked the Minister to revoke the order given the fact the man is now the father of an EU citizen child.

His solicitor Mr Keatings wrote to the Minister, but had not received any reply in relation to the revocation application.

Following the father's arrest and detention his partner and child left where they were living and are now residing with her ex-boyfriend.

The child's exposure to the ex boyfriend is of deep concern to the man, and was the reason Mr O'Shea said why the application for an injunction was "urgent."

His client wanted to stay in Ireland, and if permitted to will consider making a guardianship application for access to or custody of his young son.

This, counsel said, would not only be in the best interests of the father but also of the child.

Counsel said the man is of limited means and would find it very difficult to return to Ireland if deported.

The was little chance of his son going to India.

At a vacation sitting of the High Court on Friday afternoon Mr Justice Tony O'Connor said he was satisfied that the man had raised a prima facie case which would merit the granting of an injunction temporarily halting the man's proposed deportation.

The Judge said the injunction, which was granted on an ex parte basis, is to remain in place until Monday, when the case returns before the High Court.

The Judge also adjourned to Monday the man's challenge against the Minister's refusal to consider his bid to have the deportation order revoked.

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