Twelve of the 35 refugees flown to Nigeria in the early hours of yesterday morning on the directions of the Minister for Justice may have been unlawfully deported, the High Court was told yesterday.
Mr Justice Paul Gilligan was told that applications may be made in the High Court today for orders seeking their return from Nigeria to Ireland.
One of the refugees on board the Minister's midnight charter had been granted an injunction by Mr Justice Gilligan less than two hours before his enforced departure from Dublin Airport.
Judge Gilligan had convened the High Court in his own home on Tuesday night and shortly before 10 p.m. had granted Nigerian Mr Felix Olaniran and his wife and child an injunction restraining the Minister from deporting them.
Mr Mel Christle SC, for Mr Olaniran, told Judge Gilligan yesterday that his client, with his wife and child, were deported notwithstanding the fact that State authorities had been served with the court order at 10:20 p.m.
Mr Christle told Judge Gilligan he had earlier on Tuesday granted an order for the release from custody of Nigerian Mr Adoyele Sonaiki.
When Mr Sonaiki had arrived home in Drogheda to join his wife and two children, one born only four weeks ago in Ireland, he found they were not at the hostel where the family lived.
After inquiries at the local Garda station he discovered they had been arrested for deportation.
Mr Sonaiki had been unable to contact his legal representatives in time to do anything about their deportation.
He said that despite the authorities having been made aware through correspondence of the Sonaiki family's intention to further challenge their deportation on the grounds of having parented a child born in Ireland, the State had proceeded with the deportation.
Mr Christle said he would today be seeking an order from the court directing their return to Ireland and Mr Sonaiki.
He would be considering making further applications with regard to the Olaniran family.
Mr Michael Ford, SC representing six other Nigerian refugees who had been deported in similar circumstances on the same flight yesterday morning, said he would also be seeking directions for their return to Ireland.
Mr Ford represents Mr Peter Igwe, Mr Bosun Adeboyo, Mr Gide Odunukan, and sisters Oyefhola and Folashade Jacob and their brother Oyeronke.