Man convicted of sexual assault on child loses challenge to deportation

Judge dismisses challenge on all fronts including that it was disproportionate

 

The High Court has dismissed a man’s challenge to his deportation which was ordered after he was convicted of sexually assaulting a child.

The 37-year-old, from Africa, came here in 2008 seeking asylum but this was rejected when his application was found to be fraudulent after he had a false passport.

He claimed to have met a woman in 2009, married her in a non-legal religious ceremony and they had three children.

An application by him for leave to remain here on the basis he had a child of Irish citizenship was rejected as was a later application for “subsidiary protection”, granted if a person is at serious risk if sent home.

In 2014, he was convicted of sexual assault on a minor. He had pleaded guilty after his victim was required to give evidence and be cross-examined. In her victim impact statement to court, she said the assault had a “significant effect on her”, she had difficulty going out and travelling which impeded her ability to do part-time work. She was still traumatised and is on medication.

A deportation order was made in 2015 by the Minister for Justice and Equality. The man brought a High Court challenge and the original deportation order was withdrawn but a new one was issued in 2019.

He also challenged the second order and on Thursday Mr Justice Richard Humphreys rejected his case.

He dismissed the challenge on all grounds including a claim that it was disproportionate and there had not been proper consideration by the Minister of his family and private life rights. The judge also found the Minister did not fail to consider the best interests of the man’s children.