A Nigerian woman and her eight-year-old Irish-born child could face deportation after the High Court yesterday lifted an injunction preventing the State sending the pair out of the country.
The woman, who hid from the authorities for almost five years after deportation orders had been issued, cannot be identified for legal reasons.
Mr 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”.
Last May, the judge rejected claims made by the woman and her child the deportation should be revoked. The mother 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.
In a ruling yesterday, 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 that argument as being decisive.