Court reserves judgment on Kunle deportation

The High Court has reserved judgment on an application by Nigerian student, Olukunle (Kunle) Elukanlo, to prevent his deportation…

The High Court has reserved judgment on an application by Nigerian student, Olukunle (Kunle) Elukanlo, to prevent his deportation from Ireland.

Ms Justice Elizabeth Dunne said today she would give judgment later and that in the meantime the temporary injunction preventing his deportation remains in place.

Lawyers for the 21-year-old, who lives in Palmerstown in Co Dublin, are seeking to prevent his deportation on a number of grounds.

They claim deportation will infringe his constitutional rights and his rights under the European Convention of Human Rights.

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Mr Elukanlo is also seeking an order for the Minister of Justice Michael McDowell to revoke or amend the deportation order made on March 14th.

The application for leave to seek a judicial review and for an injunction to prevent the deportation is supported by Mr Elukanlo's baby son, Adam, who was born on March 23rd and who is separately represented in the proceedings.

Adam, who is an Irish citizen, is seeking a declaration that the deportation would infringe his constitutional rights and his family rights by depriving him of the right to have the support and society of his father.

Mr Elukanlo was initially deported a year ago but was permitted to return to Ireland following a campaign, organised by his fellow students at Palmerstown Community School and backed by the Archbishop of Dublin Diarmuid Martin.

Mr McDowell subsequently gave Mr Elunkanlo a six-month permit to remain in the State to allow him to complete his Leaving Certificate.

After leaving Palmerstown Community School, he signed up for an engineering course at Greenhills College in Walkinstown, but last month another order was issued for Mr Elukanlo to be removed from the country.

Mr Brian O' Moore SC, for the Minister, contends that Mr Elukanlo had deliberately kept hidden in his dealings with the Department that he had a pregnant Irish girlfriend.