A NIGERIAN mother and her unborn baby both secured a temporary High Court order yesterday preventing their deportation pending the hearing of legal proceedings.
The mother and child are seeking a number of reliefs. The reliefs including a declaration that the deportation or removal from the State of the mother would interfere with rights of the unborn baby.
These include the baby's right to life and to achieve his or her birthright under Article 2 of the Constitution.
They also include the right not to be removed from the State without a positive decision against him or her in accordance with law.
An order is sought requiring the Minister for Justice, Equality and Law Reform to revoke a deportation order purportedly made under the Immigration Act, 1999, on October 26th, 2000.
Another order is sought to quash the Minister's rejection, dated July 4th last, of the woman's appeal against a refusal of refugee status.
Yesterday's application was made in the absence of representation from the State, but it has an opportunity to be represented when the matter comes before the court again on December 18th.
Among the grounds of the legal challenge is a contention that Article 40.3.3. and other provisions of the Constitution confer on the unborn baby a right to life and also a legal personality.
It is claimed the deportation of the mother would infringe or threaten the rights of the unborn baby, including the right to life.
It is also claimed that the unborn baby is being discriminated against by comparison with a born person who has lived all of their life in the State.
It is also being submitted that the rate of neo-natal and infant mortality in Nigeria is considerably higher than in Ireland and that, if deported, a substantial risk will arise to the life of the unborn baby. On the application of Dr Michael Forde SC, for the unborn baby and the mother, Mr Justice Finnegan yesterday made an order restraining the deportation until after December 18th.
At a brief hearing, the judge gave liberty to the respondents, consisting of the Minister for Justice, Equality and Law Reform, the State and the Attorney General, to apply to the court on 48 hours' notice to lawyers acting on behalf of the applicants.