A six-year-old autistic Nigerian boy who faces deportation has lodged another application with Minister for Justice Michael McDowell to stay in this country.
Great Agbonlohar, his mother Olivia, and his twin sister Melissa lost a High Court challenge to a deportation order last month. Mr Justice Kevin Feeney found the decision of the Minister last year not to revoke the deportation orders for the family had not violated their rights.
At the High Court yesterday, Mr Justice Feeney put a stay on their deportation in the event of an appeal.
Ms Agbonlohar (36), with an address at Clonakilty, Co Cork, has contended her son would be treated as an outcast in Nigeria.
However, Mr Justice Feeney said there were no established exceptional circumstances to warrant the revocation of the deportation orders. The issue was not a lack of treatment that would result in the likely death of the boy but rather the absence in the receiving state of educational and medical facilities to ensure his full development, he said.
Yesterday, Mr Justice Feeney awarded costs to the family against the Minister as the case touched on a matter of public importance.
The court had heard that, after reviewing the case last year, Mr McDowell was satisfied the child was not autistic and had made a deportation order.
It is understood the family has now lodged an application with the Minister for permission to stay after a new medical assessment showed the boy is autistic.