Couple given permission to challenge deportation order against pregnant woman

It is claimed deporting the woman would be in breach of the unborn child's constitutional rights. File image

A pregnant woman and her Irish citizen fiancée have been given permission by the High Court to challenge the State's decision to deport her.

The woman, from Angola, was not granted asylum by the State and was informed last month a deportation order had been made against her.

She is expecting a child whose rights, it is claimed, will be adversely affected if the mother is removed from the state. The child is due to be born before the end of the year.

Represented by Michael Conlon SC, instructed by solicitor Brian Burns, the woman and her partner seek various declarations against the Minister for Justice, Ireland and the Attorney General aimed at preventing her deportation.

These include a declaration that the execution of the deportation would be disproportionate and in breach of their, and their unborn child's constitutional rights, and right under the European Convention of Human Rights.

Any order to deport her, counsel submitted would be disproportionate and would infringe their rights including the rights to family unity and the right of the Irish citizen father to the company of his child.

Couple's intention to marry 'interrupted by Covid-19 restrictions'

The court heard the couple met some years ago in Ireland, live together, and got engaged over a year ago.

The couple would have been married already only for the Covid-19 restrictions, counsel said.

However, counsel said she was formally informed in August she is the subject of a deportation order. She came here several years ago, but her application for international protection was denied.

She fears that if returned to Angola she will be harmed or killed. Counsel said if returned to Angola, the mother will be the child's only source of support.

She is a vulnerable person who needs the father's support the court heard.

The father, who is a naturalised Irish citizen, cannot go to Angola as he has responsibilities to children he has from a previous relationship and is employed here, counsel said.

Permission to bring the challenge was granted by Mr Justice Charles Meenan. The application was made on notice to the State, which took a neutral position regarding the leave application.

The court heard that the State was also consenting to not deporting the woman until the matter returns before the court next month.

Mr Conlon said it was his side's intention to have the matter heard as soon as possible, and in advance of the child's birth.