The High Court today rejected a challenge by a pregnant Nigerian mother against a Deportation Order.
Mr Justice Thomas Smyth ruled today that the Minister for Justice is not obliged to issue or serve a Deportation Order on a person who is unborn.
Counsel for Ms Iyabode Abimbola Oladapo (32) with an address at Tralee, Co Kerry and her unborn - the first named applicant known as "Baby O" - had during the hearing contested the right of the State to deport the unborn child in the absence of a Deportation Order addressed to the child.
Mr Justice Smyth also rejected a suggestion by Dr Michael Forde SC, counsel for the pregnant woman, that the Minister for Justice had not taken into consideration new information concerning possible human rights fears the woman might face on her return to Nigeria and her pregnancy.
The Judge said clearly the Minister has taken the view that the information before him was not of the nature to revoke the Deportation Order. The Judge added that pregnancy itself is not grounds for the revocation of a Deportation Order.
"In my view he was entitled to come to the decision not to revoke the Deportation Order and that was not an unreasonable decision", the Judge added.
He said under the Immigration Act 1999 the Minister for Justice has the power to amend or revoke a Deportation Order.
"I do not accept," he added, "that the Deportation Order of the mother infringes on her rights or the rights of the unborn."
Justice Smyth said this case has nothing to do with abortion rights, the rights of the unborn or the so-called mother’s right to choose.
This case, he said, concerned the Minister’s right to deport a person who has failed to secure refugee status on the grounds that she is pregnant.
