A Nigerian student who is due to start his Leaving Cert examination next Wednesday will bring an application to the High Court on Tuesday to prevent his deportation. He says he only received the deportation order last week.
Tunde Yinusa Omoniyi (20), a student at Palmerstown Community School in west Dublin, is a friend of Olokunle Elukanlo, whose deportation to Nigeria three months ago resulted in a major campaign that led to his return to sit the Leaving Cert.
Yesterday Mr Justice Roderick Murphy gave leave to Mr Omoniyi to serve notice on the Minister for Justice, Equality and Law Reform of his intention to seek an order on Tuesday quashing a detention order in respect of him, dated May 6th, 2005. An order will also be sought stating the deportation is of no legal effect.
Mr Omoniyi also wants a declaration that he is entitled to and has a legitimate expectation of being permitted to sit the Leaving Cert this year.
An order is also being sought restraining the Minister from deporting him pending the outcome of his proceedings.
Paul O'Shea, for Mr Omoniyi, said yesterday that the relevant papers in the case had been served on the Minister on Wednesday last. They wished to bring the proceedings to court on Tuesday next, which is the day before the examination starts.
In an affidavit Mr Omoniyi, with an address at the Viking Lodge Hotel, Francis Street, Dublin, said he was a Nigerian national who arrived here on August 27th, 2001, as an unaccompanied minor.
Since his arrival he had been in accommodation in Blessington, Lucan and the Viking Lodge Hotel. He had attended the Palmerstown school since September 7th, 2001, and was due to commence his Leaving Cert on Wednesday. He applied to be allowed remain in the State on July 15th, 2003. At the time, he had furnished as much information about himself and such references as he could obtain. He had not been asked to furnish any information since that time.