By Ruth Mercer
The High Court has continued a temporary stay on the deportation of Nigerian national Blessing Obende and ordered her conditional release from immigration detention while she pursues an application for leave to seek judicial review.
Obende arrived in Ireland in December 2003 as an unaccompanied minor seeking asylum. Her refugee claim and appeal were unsuccessful, and the Minister for Justice made a deportation order in September 2005. She did not challenge the validity of that order.
The later dispute centred on new family circumstances. Obende said she had been reunited in late summer 2005 with Katie Ezomo, whom she identified as her older sister. Ezomo lives in Dooradoyle, Limerick, with her husband and children and said she was willing to support Obende. Both women offered to undergo DNA testing.
Obende's solicitors maintained that the Department had been notified from October or November 2005 of an application based on family reunification and had not dealt with it before attempting deportation. Department officials disputed receiving the relevant application and said any residence request could be considered after Obende left the State.
Mr Justice Herbert held that the conflicting evidence could not be resolved at this interlocutory stage. However, he found a serious question to be tried as to whether important new material had been submitted and whether fair procedures permitted the Minister to deport Obende before deciding what effect, if any, that material should have under section 3(11) of the Immigration Act 1999.
The judge therefore continued the restraint on deportation until the leave application was determined or further order.
He also held that, once deportation had been stayed by the court and could not realistically occur within the remaining statutory detention period, the lawful basis for continued detention had effectively disappeared. Because Obende had previously evaded immigration requirements, her release was not unconditional. She was to live with Ezomo and comply with conditions including reporting and surrender requirements, backed by a bond from Ezomo.