The High Court has begun hearing an application by a Nigerian student, Olukunle (Kunle) Elukanlo, aimed at preventing his deportation from Ireland.
The 21-year-old Nigerian, who has been living at Palmerstown in Co Dublin, is seeking to prevent his deportation on a number of grounds. Cormac Ó Dulachain SC, for Kunle, said yesterday he is seeking a declaration that the deportation will infringe his client's rights under both the Constitution and the European Convention on Human Rights.
Kunle is also seeking an order for the Minister for Justice Michael McDowell to revoke or amend the deportation order made on March 14th last.
The application for leave to seek a judicial review and for an injunction to prevent the deportation is supported by Kunle's baby son, Adam, who was born on March 23rd last and who was separately represented in the proceedings by Ms Dervla Browne SC.
Adam, who is an Irish citizen, is seeking a declaration that the deportation would infringe his constitutional rights by depriving him of the right to have the support and society of his father. Mr Ó Dulachain told the court that, if deported, it would be impossible for Kunle to sustain a meaningful relationship with Adam as he has no home in Nigeria, no means of providing for him, his own father has been killed and he had lost contact with his mother and with his extended family in Nigeria.
Counsel said Kunle met Adam's mother, a 19-year-old Irish girl, in 2004, they had been boyfriend and girlfriend since April 2005 and she became pregnant in August 2005. Mr Ó Dulachain said Adam's mother is an Irish citizen, wants to raise her child in Ireland and has no intention of going to Nigeria.
The hearing continues today.