Friday, January 20, 2012

Stay on Deportation Order Issued

A Nigerian man has been issued a stay on his deportation in the High Court today, despite alleged deception on his part in relation to his identity as a former male model working for a UK property firm. Mr Justice Hogan issued the stay but stressed that his decision was "exclusively" motivated by the welfare of a child "Baby C". The infant is the child of the woman who has made the aforementioned allegations. The man in question is part of unfinished District Court proceedings in relation to care and custody of this child. The stay on proceedings will hold until the District Court makes a decision. If the man is successful in the District Court, the State must reassess his deportation order on foot of the child’s right to the care and company of her father balanced against a fair immigration system. If he is unsuccessful, the stay on the deportation order will lapse.

The man in question entered the State illegally on another man’s passport but claimed asylum under his own name. The passport had been stolen in Vienna and thus the Nigerian gentleman pled guilty and served a 6-month sentence for handling stolen goods.

After forming a relationship with a professional Irish woman, it transpired he deceived her into thinking he lead an affluent lifestyle as a former male model working for a UK property firm. She had no knowledge of his criminal convictions or his involvement in the asylum process. The baby was born in late 2010 but the relationship had already broken down. The woman claims that the applicant’s interest in guardianship and custody are a mere ploy to aid his immigration issues.

As there seemed no particular hope of reconciliation between the pair, Mr Justice Hogan was of the opinion that should the gentleman be removed from the state, it was reasonable to believe that he would not have any contact with Baby C, thus he granted a stay on these grounds.

Brophy Solicitors

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