The deportation of a Nigerian man who was arrested last week minutes before he was due to marry a young Irish woman has been deferred by High Court order until this evening.
The man's lawyers are continuing to try to get permission for him to stay in Ireland to go through with the marriage.
Fresh attempts to get leave for Mr Femi Adesoji to stay were launched yesterday afternoon after the High Court found that a deportation order for him was valid.
Mr Justice Smyth yesterday morning upheld the validity of the deportation order - which was due to be carried out yesterday - and rejected a challenge to the legality of the man's detention in the training unit of Mountjoy Prison.
Shortly after the judge's decision, lawyers for Mr Adesoji went to the President of the High Court, Mr Justice Finnegan, seeking a stay on the deportation order to allow them consider whether to launch new proceedings by way of judicial review. Mr Justice Finnegan was told that a letter had been written to the Minister for Justice seeking to stop the deportation and a response was awaited.
It is understood the latest efforts on behalf of Mr Adesoji centre on the rights of the couple to marry.
Mr Justice Finnegan put a stay on the deportation order until 5p.m. today. However, it is expected that if lawyers for Mr Adesoji do not receive a favourable response to their letter, they will seek a further delay on the implementation of the deportation order to give time for the judicial review case to proceed.
The would-be bride, Ms Laura Behan (18), of Kilcullen, Co Kildare, and some of her friends were in the Four Courts yesterday as the attempts to allow her fiancé stay went on. The marriage was to have taken place in Carlow registry office. Mr Adesoji was due to be deported yesterday. In his judgment earlier yesterday, Mr Justice Smyth found as a fact that when Mr Adesoji got out of a car in a car park in Carlow, he was confronted by gardaí. The Garda car was unmarked. The judge said he was satisfied that Det Garda Ronan Devanney, who gave evidence, had shown his identity card and had indicated the statutory provisions under which he was about to effect the arrest.
The judge said he was satisfied Mr Adesoji was co-operative and got into the Garda car and that, before the vehicle left the car park, he was shown the deportation order. He was also satisfied Mr Adesoji knew why he was being arrested.
In his evidence, Mr Adesoji said that when he arrived at the car park near Carlow registry office, he saw four men come towards him. They asked him his name and put him into a car. He asked where he was being taken. The car drove off straight away. He was not told why he was being arrested, he said. He agreed he had received two letters from the Department of Justice. It was stated that a deportation order was in existence and to present himself at Naas Garda station before the end of the year.
In evidence, Ms Caroline Storey said she was a friend of Mr Adesoji and Ms Laura Behan. She and members of her family had brought Laura in their car to meet Mr Adesoji in Carlow. Ms Storey's daughter, aged nine, was to have been a flower girl.
Det Garda Devanney said he had asked Mr Adesoji if he was aware there was a deportation order in existence for him and he replied that he did. He told Mr Adesoji he was arresting him because he had not complied with directions in relation to the order and had evaded it. He gave Mr Adesoji a copy of the order.
The detective said he was not aware at the time that, on January 18th last, a Circuit Court judge had made an order that, in the interests of the two parties, the time for notification (of the planned wedding) had been abridged.