A Nigerian mother fighting deportation to keep her autistic son in Ireland must wait another two weeks to see if she can take High Court action against the State.
Olivia Agbonlahor, who has six-year-old twins, is battling to remain in Ireland on humanitarian grounds. She maintains being returned to Nigeria will adversely affect the development of her son Great, who was diagnosed with autism in December.
Campaigners for the family, who live in Tralee, Co Kerry, also claim the condition will be seen as voodoo in the country with the youngster accused of being possessed.
On Friday, just hours before Ms Agbonlahor and her children had to present themselves at the Garda National Immigration Bureau (GNIB), her lawyers made a last ditch appeal to the court against her failed asylum application.
The case was listed for today, but pressure on her legal team eased when she was told not to sign on at GNIB again until July 19th.
Cormac O Dulachan, SC for the family, argued that the family should remain in the country under an EU directive which became law in October 2006.
He told the court there was a risk of Great suffering inhumane or degrading treatment if returned to Nigeria. He said the subsidiary protection scheme protects people who have lost an asylum application, but who can apply to remain in the state on humanitarian grounds.
Ms Agbonlahor's case was personally reviewed by former Justice Minister Michael McDowell last year, before Great was diagnosed with autism. His decision was challenged in the High Court, but a judge ruled in favour of the state and the threat of being deported at any time hangs over the family.
The state will again contest the latest application. Adjourning the case, Ms Justice Mary Finlay Geoghan listed an application for leave to seek judicial review for a half a day on Tuesday, July 3rd.
Legal teams for Ms Agbonlahor and the state were warned to have all affidavits submitted by the end of the week, with all submissions lodged by the day before the hearing.