A pregnant woman and her Irish citizen fiance have secured High Court permission to challenge the State's decision to deport her. The State has agreed not to deport the woman pending the case returning to court.
The woman, from Angola, failed in her bid to get asylum here and was informed last month a deportation order had been made against her. She is five to six months pregnant and it is claimed her child will be adversely affected by the proposed deportation.
Represented by Michael Conlon SC, instructed by solicitor Brian Burns, the woman and her partner seek various declarations against the Minister for Justice, Ireland and the Attorney General aimed at preventing her deportation. These include a declaration the execution of the deportation would be disproportionate and in breach of the rights of the couple and their unborn child under the Constitution and the European Convention of Human Rights.
Disproportionate
Counsel submitted deportation would be disproportionate and infringe rights, including to family unity and the right of the Irish citizen father to the company of his child. The couple met some years ago in Ireland, live together, and got engaged more than a year ago.
They would have been married by now were it not for the Covid-19 restrictions, counsel said. She came here several years ago but her application for international protection was denied.
She fears if returned to Angola she will be harmed or killed. If deported, she would also be the child’s only source of support, counsel said.
Permission to bring the challenge was granted by Mr Justice Charles Meenan. Mr Conlon hoped to have the matter heard in advance of the child's birth.