Nigerian student Olukunle Elukanlo cannot be deported from this country until the High Court hears and determines his infant son's legal challenge to his father's proposed deportation.
Ms Justice Elizabeth Dunne granted an injunction today restraining the deportation of the 21-year old Nigerian until the court decides the legal challenge by his four-month-old son.
While the judge found Mr Elukanlo himself had not established substantial grounds to permit him bring his own challenge to his deportation, she granted leave for proceedings to be brought on behalf of the child, who cannot be named by order of the court.
Mr Elunkanlo was originally deported in March 2005 but after public demonstrations from classmates at Palmerstown Secondary School he was allowed back to sit his Leaving Certificate. However, an order for his deportation was made by the Minister for Justice last March.
Ms Justice Dunne said it may well be considered that it is not open to a child not born at the time of making of a particular order or decision to challenge it. However, in this case, the child at the centre of the decision may have such a right.
Such a child had rights which have to be safeguarded and considered and this child was entitled to argue that the Minister for Justice did not consider all of his rights in reaching the decision to deport Kunle in March.