A NIGERIAN woman who came to Ireland to help her sister, a lone parent, care for a seriously ill baby and a child with behavioural problems has challenged the refusal to extend her visitor's visa.
Violet Ogbeide arrived here last February after she was granted a 90-day visa to help her sister, Rosemary, with the care of her two children, one of whom is seriously ill after undergoing a liver transplant.
The 90 days run out on May 24th, but due to the situation with her sister's family, who are all legally resident here, she applied to extend that permission.
On April 8th, she was informed in a letter from the Minister that her application was being refused on the grounds that short-term visas cannot be extended beyond the 90 days and she must return home.
At the High Court yesterday, Mr Justice Brian McGovern granted the family an interim order restraining any move by the Minister to deport Ms Ogbeide as a result of her failure to leave the State before May 24th. He also granted leave to challenge the constitutionality of provisions of the 2004 Immigration Act on grounds they do not allow for an independent review of the decision to refuse to extend Ms Ogbeide's permission to remain here.
The family contends the failure to allow for an independent review of the decision refusing permission to stay is incompatible with the European Convention on Human Rights.
Fechin McDonagh SC, for the family, argued that the Minister has discretion in relation to whether or not to extend the visa.
In an affidavit to the court, Rosemary Ogbeide, Moylaragh Court, Balbriggan, Co Dublin, said her sister's help has been invaluable.
She said her 10-month-old daughter required a liver transplant.Her four-year-old-son has behavioural problems. As a single parent, she felt under enormous pressure and needed "somebody reliable" to help out.