NIGERIAN ASYLUM-SEEKER and mother-of-two Pamela Izevbekhai is likely to face deportation after the European Court of Human Rights rejected her complaints that her rights had been violated.
Ms Izevbekhai – whose case is one of the highest-profile asylum cases in recent years – has been seeking asylum on the basis that her nine- and 10-year-old daughters face a threat of female genital mutilation if they return home to Nigeria.
However, her five-year legal battle began to unravel in 2009 when it emerged that documents she used to claim that her first daughter had died in Nigeria as a result of genital mutilation were forgeries.
In a recent decision by the European Court, which has just come to light, the court found Ms Izevbekhai’s explanation for the use of forged documents was “inadequate” and “unpersuasive”.
On the claims regarding threats faced by her daughters if they returned to Nigeria, the court held she failed to substantiate that they would face a real and concrete risk.
Minister for Justice Alan Shatter confirmed yesterday the Department had received the judgment in recent days but declined to comment on the issue of deportation. “My officials are preparing a report for me on this and its consequences for the individuals in question . . . I will be making no further comment until such time as I receive it.”
Ms Izevbekhai’s legal battle has involved more than 20 appearances in the High Court and a number of appearances in the Supreme Court.
That court’s rejection last year of her claim that the Minister for Justice had discretion to reconsider her application was seen by some legal experts as marking the end of her Irish legal challenges.
Ms Izevbekhai and her daughters are living in accommodation for asylum-seekers in Sligo. She was not available for comment at the weekend.
Her deportation was ordered in September 2005 after she failed to obtain refugee status. However, it has been on hold following several unsuccessful legal challenges.
The State argued that the entire case was based on the “lie” that her first child, Elizabeth, had died from female genital mutilation in 1994.
Lawyers for the State argued there was no evidence to certify this and alleged her first child was born in 2000.
In affidavits filed as part of the case, a Nigerian obstetrician dismissed a document allegedly signed by him concerning the birth and death of Elizabeth as forgeries.
In addition, there was also no evidence of Elizabeth’s death at the registry of deaths in Lagos.
In her response, Ms Izevbekhai said the records were obtained “in good faith” in the belief they were genuine.