The High Court has been urged to pay particular regard to the United Nations Convention on the Rights of the Child when considering whether or not to deport a Nigerian mother who claims her five-year-old son, who has attention deficit hyperactivity disorder (ADHD), will not receive adequate treatment for his condition if deported to Nigeria.
The court should also consider a decision by a Dutch court that, in the context of the European Convention on the Rights of the Child and their entitlement to dignity and to enjoy a full life, a non-national child with a disability may have a special claim to remain in a host country if the facilities there for that child's care were significantly better, Proinsias Ó Maolalcháin, for Olivia Aghbonlohar, urged.
The two-day hearing of Ms Aghbonlohar's bid to restrain her deportation concluded yesterday and Mr Justice Kevin Feeney reserved judgment.
In closing submissions, counsel for Minister for Justice Michael McDowell asked the judge to consider where to "draw the line" in relation to dealing with non-national children with particular medical or educational needs if Ms Aghbonlohar succeeded in her case.
While he was "not particularly" making "a floodgates argument", Michael McGrath SC said Ms Aghbonlohar was essentially claiming a right to more favourable treatment from Mr McDowell on grounds of her son's condition. While the court might have sympathy for her, she was effectively asking the court to say Mr McDowell must exercise his discretion in deportation matters in a particular way, counsel argued. The court should consider the consequences of that for other cases, he said.
Ms Aghbonlohar (36), with an address at Clonakilty, Co Cork, claims deportation will adversely affect her son Great, who would be treated as an outcast in Nigeria because of his condition and his sister would be seen as a "voodoo sibling", she claims.
Ms Aghbonlohar's twin children, Great and Melissa, were born in Italy and the family arrived in Ireland in March 2003. Ms Aghbonlohar has received support from the community in Clonakilty and thousands of signatures were gathered against deportation, the court has heard.
The court heard that, after reviewing the case earlier this year, Mr McDowell said he was satisfied the child was not autistic and made a deportation order. An interim order restraining the deportation is in force pending the outcome of the case.