A NIGERIAN woman and her Irish husband have secured permission from the High Court to challenge her deportation.
Christy Ogdeide Ryan (52), who was repatriated last March, claims the State had erred in law by refusing to revoke the deportation order because it had failed to take into account that the age of her husband, Michael Ryan, and his medical condition would cause him substantial difficulties if he was to relocate to Nigeria.
The couple, who married last January after being in a relationship for several years, have argued that the State is in breach of their constitutional rights to family and private life in Ireland. They have brought court proceedings aimed at allowing Ms Ryan to return to Ireland to be be with her husband.
At the High Court, Ms Justice Maureen Clark granted leave to have the decision of the Minister of Justice, Equality and Law Reform to deport Ms Ryan judicially reviewed on an ex parte basis (one side only).
The judge made the matter returnable to October.
In their proceedings, the Ryans claim the Minister failed to take into account that Mr Ryan, a pensioner who lost his right leg following a workplace accident in 2001, has a number of medical conditions which would cause him substantial difficulties if he were to move to Nigeria.
They further claim the Minister failed to take into account that Mr Ryan’s difficulties could pose an insurmountable obstacle to the couple enjoying family life in Ireland before refusing to revoke the deportation order.
In their proceedings, the Ryans are seeking declarations that the deportation order should be revoked as it was in breach of their right to family and private life in Ireland, and a declaration from the court that the refusal to allow Ms Ryan to reside in the State is null and void.
They are also seeking an order quashing the decision to deport Ms Ryan, and the refusal to allow her to be in the State.
The court heard that Ms Ryan married her husband Michael (68), Oaklands, Old Dublin Road, Carlow, on January 22nd last.
In an affidavit, Mr Ryan said that the couple had been in “a loving relationship” after meeting in 2003 and had lived together since 2004.
He said his wife came to Ireland in 2001 and fled Nigeria as a result of fear and prosecution. She applied for asylum, but her application was rejected.
In 2004, an order for her deportation was made. The couple applied to have the deportation revoked, but last October the couple were informed that the application to the Minister had been turned down.
His wife was deported in March and is residing in Lagos, Nigeria. Mr Ryan said that the Minister failed to take account of his physical disability and other medical conditions.
The decision to deport his wife has forced him to choose between his life in Ireland and his wife in Nigeria.