The High Court has begun hearing an application by a Nigerian student, Olukunle Elukanlo, aimed at preventing his deportation from Ireland.
The 21-year-old Nigerian, with an address at Palmerstown in Co Dublin, is seeking to prevent his deportation on a number of grounds.
Mr Cormac O'Dulachain SC, for Kunle, said today he is seeking a declaration that the deportation will infringe his client's rights under both the Constitution the European Convention of Human Rights. Kunle is also seeking an order for the Minister of Justice Michael Mc Dowell to revoke or amend the deportation order made on March 14th last.
The application for leave to seek a judicial review and for an injunction to prevent the deportation is supported by Kunle's baby son, Adam, who was born on March 23rd last and who was separately represented in the proceedings by Ms Dervla Browne SC.
Adam, who is an Irish citizen, is seeking a declaration that the deportation would infringe his constitutional rights by depriving him of the right to have the support and society of his father.
Mr O'Dulachain told the court that, if deported, it would be impossible for Kunle to sustain a meaningful relationship with Adam as he has no home in Nigeria, no means of providing for him, his own father has been killed and he had lost contact with his mother and with his extended family in Nigeria.
He said that Kunle came to Ireland in February 2002, and had sought refugee status but this had been refused and he was deported in March 2005, but was allowed to return to sit his Leaving Certificate examinations.
When Kunle was deported last year he found himself alone on the streets of Lagos and was imprisoned. His return to Nigeria would be "particularly harsh" and there was evidence that he had suffered gunshot wounds while there previously.
Counsel said Kunle met Adam's mother, a 19 year old Irish girl, in 2004, they had been boyfriend and girlfriend since April 2005 and she became pregnant in August, 2005. The mother is concerned about media invasion of her privacy and after the birth of Adam by Caesarian section a photographer had tried to enter her hospital room and journalists were outside her home.
Mr O' Dulachain said that Adam's mother is an Irish citizen, wants to raise her child in Ireland and has no intention of going to Nigeria. In an affidavit, Kunle said he was very emotional at the time of Adam's birth and felt as every father did.
Mr Brian O' Moore SC, for the Minister for Justice, submitted that Kunle had deliberately kept hidden in his dealings with the Department that he had a pregnant Irish girlfriend. Mr Elukanlo wanted to argue that he was the father of an Irish child and that he has rights, counsel said.
The hearing before Ms Justice Elizabeth Dunne continues tomorrow.