The solicitor representing a family who were deported to Nigeria on Tuesday says that the case is "not closed here" and will be heard again before the High Court on October 1st.
Kevin Brophy also said that Olivia Agbonlahor and her six-year-old twins, Great and Melissa, should not have been deported on Tuesday, as the children had not received vaccinations. "In October there will be a full hearing based on new information we submitted since the original application for asylum was made," Mr Brophy said.
His team will argue that the family should be re-entered into the asylum process as the original application was made before Great was diagnosed with autism.
"The original application also said the country of origin was Italy, so there was almost no chance for them," he said. "Since then there is a lot more country- of-origin information and reports we have gathered on Nigeria and how it treats people with disabilities and autism."
The team will also apply for subsidiary protection - a relatively new form of legal shelter available here since October following the transposition into Irish law of the most recent EU legislation in the asylum area, known as the qualification directive.
Under this, a person is eligible for subsidiary protection if they do not qualify as a refugee but substantial grounds have been shown for believing that "if returned to his or her country . . . they would face a real risk of suffering serious harm".
Mr Brophy added that he was in contact with Ms Agbonlahor's husband, who lives in Italy. "He expects to gain citizenship there sometime down the line. What I am hoping is that when he achieves that he will instruct me to start proceedings for family reunification."
Ms Agbonlahor and her children had been in Ireland for three years. While here, Great was diagnosed first with ADHD and then autism, and his mother and family supporters claimed that he would be mistreated in Nigeria, as it would be believed he had been possessed by evil spirits.
The family arrived at the Garda National Immigration Bureau in Dublin on Tuesday morning and their deportation was confirmed after lunchtime. They were flown to London, accompanied by three immigration gardaí, and then on Tuesday night flew to Lagos.
A Garda source said they were met by Nigerian immigration officials yesterday morning at Lagos and processed before being met by the personal assistant to Ireland's honorary consul in Nigeria.
They were then taken to a hotel in the airport concourse before being given money to help pay for their journey home.