Mother appeals deportation over fear of female mutilation

A NIGERIAN woman, who believes her two daughters are at risk of serious harm due to female genital mutilation (FGM) if the family is deported to Nigeria, has appealed to the High Court to prevent their deportation until their latest legal challenge has been determined.

Mr Justice John Hedigan will rule next Tuesday on the application by Pamela Izevbekhai for an injunction restraining the deportation of herself and her daughters, Naomi, 7, and Jemima, 6, pending a decision on her challenge to the minister for justice’s refusal to consider her claim for “subsidiary protection” here. Ms Izevbekhai has already lost a baby daughter after the child was forcibly genitally mutilated in Nigeria.

The minister for justice is resisting the application on grounds including that Ms Izevbekhai’s latest court proceedings raise no arguable grounds and because the High Court has already upheld the validity of the deportation orders.

Yesterday, Mel Christle SC, for the family, said their case on subsidiary protection was based on arguable grounds and their specific circumstances warranted the injunction being issued. Ms Izevbekhai’s in-laws were a very powerful family within Nigeria and considered FGM a “rite of passage” and the court has inherent jurisdiction to grant an injunction where the rights of people are endangered.