The High Court has reserved judgment on an application by a student, Olukunle (Kunle) Elukanlo, to prevent his deportation from Ireland to Nigeria.
Ms Justice Elizabeth Dunne said she would give judgment later and in the meantime the temporary injunction preventing his deportation remains in place.
Lawyers for Mr Elukanlo (21), who has been living in Palmerstown, Co Dublin, are seeking to prevent his deportation on a number of grounds. It is claimed deportation will infringe his constitutional rights and his rights under the European Convention on Human Rights. He is also seeking an order for the Minister for Justice Michael McDowell to revoke or amend the deportation order made on March 14th last.
The application for leave to seek a judicial review and for an injunction to prevent the deportation is supported by Mr Elukanlo's baby son, Adam, who was born on March 23rd and who is separately represented.
Adam, who is an Irish citizen, is seeking a declaration that the deportation would infringe his constitutional rights and his family rights by depriving him of the right to have the support and society of his father.
Mr Elukanlo was deported a year ago but permitted to return after a campaign, organised by his fellow students at Palmerstown Community School and backed by the Archbishop of Dublin, Dr Diarmuid Martin, urging that he be allowed to complete his Leaving Certificate. Mr McDowell gave Mr Elukanlo a six-month permit.
After leaving Palmerstown Community School, he signed up for an engineering course at Greenhills College in Walkinstown, but last month another order was issued for Mr Elukanlo to be removed from the country.
The court was told that Mr Elukanlo met Adam's mother, a 19- year-old Irish woman, in 2004 and she became pregnant in August 2005.
Brian O'Moore SC, for the Minister, has contended Mr Elukanlo deliberately kept hidden in his dealings with the department that he had a pregnant Irish girlfriend.
He said that Mr Elukanlo wanted, after the birth of his child, to say he was the father of an Irish child and that he had rights.