A Czech family who disappeared last week without pursuing their High Court proceedings to prevent their deportation had those proceedings struck out by the High Court yesterday.
The Lobe family and a Nigerian man, Mr Andrew Osayande, were previously at the centre of a landmark Supreme Court ruling that non-nationals are not entitled to remain here by virtue of having Irish-born children.
Yesterday, Mr Hugh Mohan SC, for the State, told Mr Justice Gilligan it was believed Mr David Lobe, his wife Jana and their four children, including their Irish-born son, Kevin, aged 17 months, may have gone to Northern Ireland. Mr Osayande had been deported, he added.
The Lobe family had lived at Ballineen, near Bandon, Co Cork. All members of the family with the exception of Kevin were served with deportation orders following the Supreme Court decision last January.
Lawyers for the family got a temporary injunction on March 5th to prevent their deportation. The injunction had been sought to enable the lawyers to prepare an application to the European Court of Human Rights concerning the Supreme Court's findings.
The European Court application had also been made on behalf of Mr Osayande who also got a temporary order preventing his deportation last week.
Last Friday, Mr Bill Shipsey SC, for the Lobe family, told Mr Justice Gilligan that the application to the European Court of Human Rights for a stay on the deportation orders had been declined on March 6th. He said his solicitor had no further instructions from his clients to withdraw or proceed with the High Court proceedings. It appeared that events had overtaken matters in the proceedings.
Yesterday, Mr Justice Gilligan heard an application by the State to dismiss another part of the Lobe family's and Osayande legal proceedings in which they sought an order, by way of judicial review, to quash their deportation orders.
Mr Mohan in his application said it appeared from Garda information that the Lobe family had left the jurisdiction and passed through Northern Ireland. In the case of Mr Osayande who had been detained in Clover Hill prison, Dublin, he had since been deported.
Mr Justice Gilligan made an order dismissing the proceedings.