The Minister for Justice has failed to honour an undertaking given in court a year ago to revoke a deportation order made against a Nigerian man who was arrested on the day of his wedding to an Irish woman, the High Court has been told.
Mr Justice McKechnie granted leave to Mr Feichin McDonagh SC, for Mr Martin Defokwu, Old Clare Street, Limerick, to seek orders compelling the Minister to revoke the deportation order and to provide "timely" consideration of Mr Defokwu's application, made 11 months ago, for leave to remain in the State.
Leave was also granted to seek damages against the Minister.
Mr McDonagh said he was not proceeding at this stage with an application for the attachment and committal of the Minister. His side had recently received a letter from the Minister's office stating that Mr Defokwu's file was in the Minister's office awaiting revocation of the deportation order.
Mr McDonagh said the case arose after Mr Defokwu arrived here in June 2002. He was due to be married to an Irish woman in Limerick on January 17th, 2003, but was ordered to report for deportation some 45 minutes before the wedding ceremony at Limerick Registry Office. He told gardaí of his situation but was detained in custody.
He eventually married in February 2003.
Mr Defokwu initiated judicial review proceedings relating to his proposed deportation and these were settled on terms in November 2003.
Mr McDonagh said the case had been quickly settled after it emerged at the outset of the proceedings that in December 2002, a garda in Limerick had forwarded to the Department of Justice a list of persons who were to get married in Limerick Registry Office. That information was not, however, given to the civil servant who had assessed Mr Defokwu's case.
Under the terms of settlement of November 12th, 2003, it was agreed the Minister would revoke the deportation order without prejudice to the right to make a fresh order.
Mr Defokwu was also to have four weeks to file submissions as to why he should be allowed to remain here and had duly filed those submissions on December 9th, 2003.
However, nothing had happened since then, Mr McDonagh said. While his solicitor wrote a number of letters urging that the deportation order be revoked and that Mr Defokwu's submissions be considered, this had not happened. Mr McDonagh said his client is a married man who was anxious to look after his family. His side had sent a further letter last week stating that if no reply was received by Friday last, proceedings would be initiated. A reply had issued stating the matter was "receiving attention".
Mr Justice McKechnie said he would grant leave to Mr Defokwu to seek orders and declarations, including a declaration that the failure of the Minister to revoke the deportation order and to consider in timely fashion the application for leave to remain in the State failed to respect Mr Defokwu's personal rights, including his rights to marry, to a private and home life and to earn a livelihood.
Mr Defokwu also secured leave to seek, under section 3 of the European Convention on Human Rights Act 2003, damages against the Minister for the alleged breaches of his personal rights.
The matter was returned to November 30th.
