Nigerian family spared deportation for five weeks

A Nigerian woman fighting deportation to keep her autistic son in Ireland was today spared being returned to her home country for at least another five weeks.

Olivia Agbonlahor, and her six-year-old twins, will return to their home in Tralee, Co Kerry, tonight after authorities ordered them to present themselves again on July 19.

The family, who today travelled to the capital to sign on at the Garda National Immigration Bureau (GNIB), feared they were to be flown back to Nigeria.

Ms Agbonlahor claims the move will adversely affect the development of her son Great, who was diagnosed with autism in December.

A High Court judge had earlier refused to grant an interim order preventing the authorities from deporting the family.

Listing the case to be heard on Monday, Mr Justice Eamon de Valera said it was up to the GNIB to do whatever they felt appropriate.

Flanked by her solicitor Kevin Brophy, Ms Agbonlahor, Great and his sister Melissa, disappeared into the bureau office, on Burgh Quay, just before 2pm.

They emerged within minutes, evidently relieved at what had happened inside.

Unaware that their plight had hit the headlines, little Great played with reporters’ microphones and posed for photographers while their solicitor spoke to waiting journalists.

“We will continue to fight this case in the High Court,” said Mr Brophy.

“We will continue to fight this as long as it takes to keep the family in the country. I am confident will get a fair hearing in the High Court.”

Mr Brophy said it was unfortunate the family had to travel to Dublin not knowing whether they were going to be deported or not, but stressed he was more optimistic than he was yesterday.

“When they come back they will sign on, but again the family won’t know until they come down here as to whether or not they will be deported.

“We don’t have any undertaking that they wont be deported then. But at least it gives us the opportunity to deal with the matter through the legal system which is what we intend to do.”

In the High Court, Cormac O Dulachan, SC for the family, had argued that Ms Agbonlahor and her children should remain in the country under an EU directive which became law in October 2006.

He said the subsidiary protection scheme protects people who have lost an asylum application, but who can apply to remain in the state on humanitarian grounds.

The barrister told the court that the directive aims to protect vulnerable people, including minors and the disabled, and gave primary concern to children.

Mr O Dulachan said he would satisfy the court that there is a risk of inhumane or degrading treatment if Great is returned to Nigeria due to what is known of the treatment of people with disabilities and mental disabilities in Nigeria.

Campaigners claim the condition is classed as voodoo in the country with the child accused of being possessed.

Mr Brophy stressed that the case was a genuine issue, and not a frivolous application.

Although granting the barrister short notice to begin hearing the case on Monday, Mr Justice de Valera criticised the legal team for making such a late application.

He told the court that he had seen and read media reports about the case for the last three days, and said he was unhappy about being put in a position where he was asked to make a decision less than three hours before they were due to present themselves.

“I can’t pretend I haven’t seen what’s on television, on radio and newspapers,” he said. “It would be completely foolish of me to do that.”

The state is expected to strongly contest the case through the judicial system.

Last year Ms Agbonlahor’s case was personally reviewed by former Justice Minister Michael McDowell, but at the time Great had not yet been diagnosed with autism.

His decision was challenged in the High Court, but a judge ruled earlier this year that Mr McDowell was correct not to revoke a deportation order against the family.

When the family were told to present themselves at the bureau today, a final appeal was made directly to the Department of Justice under the directive.

When refused, solicitors applied to the court for a judicial review.

Ms Agbonlahor came to Ireland in March 2002 after living in Italy with her husband Martins Agbonlahor since 1993.

If deported, it is not known if Ms Agbonlahor will be returned to Nigeria or Italy, under the Dublin Convention which states that individuals must make their application for asylum in the first EU country that they enter.

It is understood Ms Agbonlahor fled Italy when her husband, an author, spoke out against criminality among the Nigerian expatriate community in Italy and she feared persecution.