The High Court has made an interim order restraining the deportation of a Nigerian mother and her two children.
Olivia Agbonlohar claims deportation to Nigeria will harm her four-year-old son who has been diagnosed with attention deficit hyperactivity disorder and associated conditions.
The injunction application was made yesterday by Proinsias Ó Maolchaláin, for Ms Agbonlohar, following a review of her case by the Minister for Justice last month in which the Minister concluded he was satisfied her child was not autistic and he made a deportation order.
It is claimed on behalf of Ms Agbonlohar that the Minister erred in law in making that decision and acted in breach of the European Convention on Human Rights provisions relating to respect for the private life of her son and his ability to function socially. If returned to Nigeria, her son would be treated as an outcast because of his condition, it was claimed.
Ms Agbonlohar (36), a mother of four-year-old twins, Great and Melissa, who were born in Italy, arrived in Ireland in March 2003 and has settled well in Clonakilty, Co Cork, where she is said to enjoy a lot of support from the community.
Mr Justice John Mac Menamim granted the interim injunction, returnable to Monday next, restraining the deportation.
In legal papers, it was stated Ms Agbonlohar had married Martins Agbonlohar, a prominent and controversial author, in 1993. The couple later travelled to Italy where they secured residence permits and their twin children were born there in March 2001.
Ms Agbonlohar said she later fled Italy because she feared persecution on grounds of her relationship with Mr Agbonlohar, an outspoken critic of criminality among the Nigerian expatriate community in Italy, and came to Ireland in March 2003.
If returned to Nigeria, she said she feared for her own safety and for that of her children. She feared her daughter would be subject to female genital mutilation and also feared her son would not receive appropriate or any treatment for his condition. He had been assessed for autism and had since been diagnosed with attention deficit hyperactivity disorder.
Ms Agbonlohar was notified in August 2004 that the Minister for Justice proposed to make a deportation order in her case and such orders were made in October 2005.
She had applied for leave to remain here on humanitarian grounds but was informed in a letter from the Minister on January 31st last that her application had been refused.
