Failed asylum seeker loses legal challenge to detention

A failed Nigerian asylum seeker whose deportation flight had to turn back to Ireland has lost a legal challenge to his continued detention.

The man was deported on a chartered flight to Lagos on July 13.

But due to events beyond his control, the plane returned to Dublin airport after the pilot entered Algerian airspace without permission and was ordered to leave.

The Nigerian was arrested on landing and remains in custody.

His lawyers went to court arguing that he is being held unlawfully under an old detention order issued prior to the failed attempt to remove him from the State.

However Mr Justice Michael Peart has ruled that gardaí were entitled to detain the 27-year-old on a reasonable belief he would try avoid deportation.

The judge said this belief was based on the man's earlier behaviour in not showing up to the immigration bureau and failing to disclose where he was staying.