A Nigerian woman has won a High Court challenge to a deportation order made against her and her four-year-old non-Irish born daughter by the Department of Justice.
Ms Justice Finlay Geoghegan ruled that the Minister for Justice, Equality and LawReform Mr McDowell unfairly made an order refusing Ms BolaFumni Ojo the right toremain in Ireland with her Irish-born son.
The court also found that the detention in Mountjoy Prison last January of Ms Ojo, with her then new-born son, was unlawful as the Department had not followed fair procedures in her case.
Ms Ojo, who resides in Waterford and was present in court withher now five month old son, Daniel, may now pursue an action for damagesagainst the State.
The case was the first challenge to a deportation orderinvolving a foreign mother of an Irish born child since the SupremeCourt decided last January that such orders may be made.