A Bulgarian family whose four-month-old baby died here and is buried in a Dublin cemetery have asked the High Court for leave to bring a legal challenge to a deportation order served on them.
Andon Kozhukarov and his partner Bilyana Spasova have lived here since they fled Bulgaria in 2002. They are the parents of two Irish-born children, one of whom died in December 2003. The second child, their son Andi, is nine-months-old.
Mr Justice Frank Clarke was told yesterday that the Minister for Justice, in making the deportation order against the parents, failed to consider the tragic and unique circumstances of the case.
Cormac O'Dulacháin SC, for the couple, said the deportation order was made on December 8th, 2004, and the couple were informed of it in February of this year. There were tragic circumstances to the case as their first son Donald suffered from multiple congenital malformations and had died on December 4th, 2003. He was buried in Glasnevin Cemetery in Dublin.
Mr Kozhukarov and his partner applied for asylum based on fears of persecution on the grounds of their ethnic identity as Romas. They claimed Mr Kozhukarov was beaten and Ms Spasova was raped by police in the Bulgarian town where they lived and that their home was also set alight. Their application for asylum was unsuccessful.
The head social worker in Temple Street Children's Hospital, Elinor Jenkins, said in a letter that despite a poor prognosis, Donald's parents worked hard to give him the best possible quality of life and managed to care for him at home for most of his life. Ms Jenkins said professional bereavement counselling services would be offered to the couple. She was unaware of the nature of possible support services in Bulgaria. She would be concerned that, "given the unusual nature of Donald's medical condition, his short and difficult life and his tragic death, that his parents are particularly vulnerable".
Mr Justice Clarke heard that an executive officer in the Department of Justice had recommended, because of their tragic loss, that the couple be granted leave to remain here for a year and have their case reviewed after that. However, Bulgaria is designated a safe country and the deportation order was made.
Patrick McGrath SC, for the Minister, said the Minister was aware of the unfortunate background to the case and he had taken it into consideration when making the deportation order.
Mr Justice Clarke will hear further submissions in the case on Friday.