The High Court has granted an injunction further restraining the deportation of student Olukunle (Kunle) Elukanlo (20).
The student had been deported to his native Nigeria a year ago but, following a campaign, he was permitted to return to complete his Leaving Certificate.
The injunction application was made by Cormac Ó Dúlacháin SC, for Mr Elukanlo, yesterday and was supported by Dervla Browne SC, for Mr Elukanlo's infant son, Adam, who was born last Thursday.
Mr Elukanlo, who has been living at Palmerstown, Co Dublin, is seeking to prevent his deportation on the grounds that he is the father of an Irish citizen born to an Irish mother.
Ms Justice Elizabeth Dunne yesterday continued an order restraining the deportation of Mr Elukanlo. The deportation was scheduled for last Tuesday, following the Minister for Justice's rejection of a plea by Mr Elukanlo to be permitted to stay in Ireland.
The judge continued the interim injunction until next Wednesday when she will deal with an application for leave to bring judicial review proceedings challenging deportation as well as an application for an injunction restraining deportation pending the outcome of the leave application.
Mr Ó Dúlacháin, in seeking a short adjournment, said there were two matters which cut to the question of whether the court should grant an interlocutory injunction.
Ms Browne, who appeared for baby Adam, said the child had left hospital last week with his mother. She said she needed time to talk to the mother. Brian O'Moore SC, for the Minister, said he was anxious to have the matter dealt with as soon as possible.
The hearing was adjourned to Wednesday next.
Mr Elukanlo was deported a year ago but was permitted to return to Ireland following a campaign organised by his fellow students at Palmerstown Community School.
He is due to appear at Dún Laoghaire District Court on April 4th in relation to alleged road traffic offences. He was convicted of other road traffic offences before his original deportation last year.