A mother and her twin children, one of whom has been diagnosed as autistic, face deportation to Nigeria after yesterday losing a High Court challenge.
Mr Justice Kevin Feeney ruled that the refusal of Minister for Justice Michael McDowell last year to revoke the deportation orders for the family of Olivia Agbonlohar had not violated their rights.
After reviewing the case last year, the Minister for Justice said that he was satisfied Ms Agbonlohar's son Great (6) was not autistic and he made a deporation order.
However, Great has since been diagnosed as autistic and the family's solicitor yesterday appealed to the Minister to reconsider his decision in the light of that diagnosis.
Ms Agbonlohar (36), with an address at Clonakilty, Co Cork, had contended that Great would be treated as an outcast in Nigeria because of his diagnosed autism and that his twin sister Melissa would be seen as a "voodoo sibling".
However, in his reserved judgment yesterday, Mr Justice Feeney said that he was satisfied there were no exceptional circumstances to justify the reliefs sought by Ms Agbonlohar.
What was at issue was not a lack of treatment in Nigeria which would result in the likely death of the boy but rather the absence of educational and medical facilities there to ensure his full development, he said.
The judge acknowledged this was an "austere" statement of the law but said the function of a judge was not to issue decisons based on sympathy.
Having considered the case on its own individual facts, Mr Justice Feeney said he was satisifed that the Minister's decision was proportionate and the facts of the case could not be identified as being exceptional.
Ms Agbonlohar's children were born in Italy and the family arrived in Ireland in March 2003.
They settled in Clonakilty, West Cork, where Ms Agbonlohar is said to enjoy considerable support from the community. Thousands of signatures were gathered in support of the family, the court heard.
After yesterday's decision, Ms Agbonlohar said she was diappointed and her solicitor Kevin Brophy said the family were now pleading with the Minister to make an exception for the family especially since Great had been diagnosed with autism following the Minister's decision.
Mr Brophy said that the Minister could intervene at this stage without affecting the legal principles laid down in the ruling.