State to seek discharge of injunction preventing deportation

The State will ask the High Court today to discharge an injunction preventing the deportation of a Czech family and a Nigerian man.

The immigrants were at the centre of a landmark Supreme Court finding in January, that non-national parents of Irish-born children are not entitled to remain here by virtue of their children's birth in this State.

At an emergency High Court sitting in the home of Ms Justice Finlay Geoghegan on Wednesday night, lawyers for Mr David Lobe and his wife Jana, from the Czech Republic, and for Mr Andrew Osayande, a Nigerian, secured an interim injunction returnable to today restraining their deportation.

It was anticipated the State would apply to the High Court yesterday to vacate that injunction.

However, yesterday afternoon Ms Eileen Barrington, for the State, said the matter would be brought before the court today.

She said the State had just received the applicants' papers and would be responding to those, hopefully by today.

Ms Justice Finlay Geoghegan said the matter had been returned to today's asylum list.

Lawyers for the families sought the injunction, pending an application to the European Court of Human Rights arising from their unsuccessful Supreme Court challenge to the deportation orders.

The families are also to seek leave to take new judicial review proceedings challenging aspects of the making of the deportation orders.

The Lobes live in Ballineen, near Bandon, Co Cork, and have four children, including 17-month-old Kevin who was born here. They were served with deportation orders for all members of the family except Kevin, but have indicated they would be taking him with them if deported.

The deportations were due to occur yesterday.

Mr Osayande remains in custody in Cloverhill Prison in Dublin and was also due to be deported yesterday morning.

His wife and two children, including a 17-month-old Irish-born son, Osaze Joshua, have not been served with deportation orders as the families had initially unsuccessfully applied for asylum in Britain before coming to Ireland and the UK has agreed, under the Dublin Convention, to take them back.

The deportation orders as a result involve the families being deported to Britain and not their native countries.