A FATHER-TO-BE has secured a High Court injunction temporarily halting his removal from the state.
The man, a failed asylum seeker who cannot be identified for legal reasons, claims his right to human dignity would be breached if he was to be deported so close to the birth of his and his Irish partner’s first child.
The man’s partner, the High Court heard, is due to give birth in the coming days and the couple would be “devastated” if the man was forced to leave Ireland.
Seeking an injunction to prevent his deportation until his action has been decided upon by the High Court, the man claims that the constitutional rights of the couple and the unborn child must be considered by the State given the circumstances of the case.
The injunction was granted on an ex-parte basis where only one side was present at a vacation sitting of the court today, presided over by Justice Úna Ní Raifeartaigh.
The case raises similar legal arguments to those considered in a judgement by Justice Richard Humphreys in July of last year concerning the rights of the unborn.
The judge, in a case also brought by man challenging a deportation order on the basis his Irish partner was about to give birth to their child, found “unborn” means an “unborn child” with rights extending beyond the right to life under Article 40.3.3 (the 1983 anti-abortion amendment of the Constitution).
That judgement has been appealed by the State and is pending before the Supreme Court.
At today’s sitting barrister Paul Ó Shea, instructed by Brian Burns of Burns, Kelly, Corrigan solicitors, for the man said deportation in this case would amount to “an unlawful interference” with the Constitutional and European Convention rights of his client, the man’s partner and their unborn child.
The man fled his native country twenty years ago because of a “blood feud” with an uncle who had been involved with a political party. After hiding out for several years the man arrived in Ireland.
After his application for asylum was refused a deportation order was issued in respect of the man, who is aged in his 30s. Fearful that he might suffer serious harm in his native country he evaded deportation.
However before the deportation order was issued the man says he met an Irish woman who he “fell deeply in love with and remains in love with her”.