The Supreme Court has reserved judgment on a hearing that will determine if Nigerian woman Pamela Izevbekhai can challenge the decision of the Minister for Justice to deport her.
The court yesterday heard legal arguments. Ms Izevbekhai is seeking to stay in Ireland on the grounds that her two daughters face the risk of genital mutilation if deported to Nigeria.
Her counsel, Michael O’Higgins SC, argued that regulations drawn up following an EU directive on subsidiary protection allowed the Minister to look afresh at her case and examine the extent to which applicants were at serious risk of harm.
Hugh Mohan SC, for the Minister, said the deportation order, dated November 2005, predated the regulations that came into force in October 2006. The Minister had already made a decision she was not eligible for subsidiary protection because there were no new or altered circumstances.