Legal Bid fails to stop Nigerian family's deportation

marcsignal

A last-minute legal challenge to stop the deportation of a Nigerian mother and her two children has failed.

Lawyers acting for Olivia Agbonlahor, her autistic son Great (6) and his twin sister Melissa failed in their application to the High Court for an injunction to defer their removal from the State. The family are expecting to be deported later today.

Campaigners for the family argue that Great, who has been receiving one-to-one treatment for his condition, will be treated like an outcast in Nigeria.

Last Tuesday the family - who have lived in Ireland for five years - were escorted from their home in Co Kerry to Dublin in preparation for deportation to Nigeria. Ms Agbonlahor and her children had lived in Clonakilty before moving to Killarney last year.

Supporters staged demonstrations at the Immigration Bureau this morning and appealed to the Minister for Justice, Brian Lenihan, to reverse the decision.

The supporters said if Great is deported, he will face a life without treatment, in a society where autism is not understood.

But at 1.30 today, their lawyer, Kevin Brophy, told waiting media the family were being deported. "I feel embarrassed and ashamed for what this Government have done to this family and this child," Mr Brophy said.

Ms Agbonlahor and her children were expected to arrive back in Lagos later today, he said.

Mr Brophy said other Nigerian nationals due to be deported today had their deportations put back until September but that the Government had decided the Agbonlahor family were such an embarrassment they must go immediately.

"We always knew we had difficulties from a legal point of view," he said. "She [Ms Agbonlahor] was hoping the Minister would be drawn into the discussion on humanitarian grounds," Mr Brophy said.

He said it was outrageous the Minister had not stepped in and that the pressure had shown in Great who was demonstrating behavioural problems from the stress.

Ms Agbonlahor had no support in Nigeria Mr Brophy said, adding she had one night's accommodation organised for her arrival and did not know where she would go from there.

Ms Agbonlahor's husband, Martins, was still in Italy he said. Ms Agbonlahor and her children fled Italy because they say her husband, who is an author, received death threats.

Mr Brophy said although Mr Agbonlahor would become an Italian resident within two years, because his wife and children had now been deported, they would never be eligible under European Union law.

Taken from ireland.com

OK, Right or Wrong Decision on the part of the Minister ??

Any Takers ?

Judging by 'Rosanna Flynns' (Residents Against Racism) reaction on TV3 News just now, this could be an emotional thread, so Let's Keep it Civil people.

purple'n'gold

These people should never be here in the first place, they should have been sent back to Italy immediately.

oscarBravo

marcsignal, please provide your own opinion on the issue.

purple'n'gold, why?

marcsignal

Ms Agbonlahor's husband, Martins, was still in Italy he said. Ms Agbonlahor and her children fled Italy because they say her husband, who is an author, received death threats.

Does anyone know from whom Mr. Agbonlahor received these threats ? and why ??

I wonder if 'Ms Agbonlahor' and her children were White people from Zimbabwe fleeing racist persecution from followers of 'Robert Mugabe' would 'Rosanna Flynn' fight so emotionally for their (Apparent) Right to stay here ??

If the answer to the above question is 'NO' (as I suspect it would be)
Wouldn't that be slightly Racist

Funny old world really isn't it ??

I don't think this is a race issue myself, or that the Ministers decision was Racially Motivated. It's just an Immigration Law issue

SeanW

So the kid has autism - so bloody what?

If we let every family in the 3rd world with a mentally challenged child stay in Ireland on that basis, the whole country would probably be standing room only.

mikemac

Ok, when you want to claim asulym you're supposed to do this in the first safe country you land in as is my understanding.
I'm assuming they travelled from Nigeria to Italy.
So how does she think Ireland will grant asulym?

And if the family were getting death threats in Italy, then contact the Italian authorities which are far larger and have more rescources then their Irish equivalent has.

I've read about Irish people sueing the Irish government for lack of care for autistic children. So Ireland seems a very poor place for them, maybe we're doing them a favour.

Finally, Rosanna Flynn strikes me as a total busybody. The kind of person who preaches to everyone. But if accomadation for asulym seekers or maybe a halting site was located next door to her and her house price collapsed, then I doubt she would be so enthuastic.

purple'n'gold

oscarBravo wrote:

marcsignal, please provide your own opinion on the issue.

purple'n'gold, why?

Because it’s my understanding that asylum seekers should seek asylum in the first EU country they land in. I’m assuming this was Italy.

sovtek

Knowing something of how the INIS ENTEMP and GNIB work, especially lately, my sympathies are with this woman as they are with anyone that has to deal with the idiots that run it...up to and including Lenihan and going back to McDowell.
There is nothing in law as arbitrary as immigration law.

purple'n'gold

sovtek wrote:

Knowing something of how the INIS ENTEMP and GNIB work, especially lately, my sympathies are with this woman as they are with anyone that has to deal with the idiots that run it...up to and including Lenihan and going back to McDowell.
There is nothing in law as arbitrary as immigration law.

But these people are here illegally, they should not be in this country.

sovtek

micmclo wrote:

Finally, Rosanna Flynn strikes me as a total busybody. The kind of person who preaches to everyone. But if accomadation for asulym seekers or maybe a halting site was located next door to her and her house price collapsed, then I doubt she would be so enthuastic.

What kind of busybody is Bertie then? His last two Justice Ministers have allowed the immigration service grind to a halt and then allow non-eu nationals to be subject to abuse after abuse...and I'm not talking about just asylum seekers.
Then he's off to America to pleed for the poor, downtrodden Irish illegals there.

sovtek

purplengold wrote:

But these people are here illegally, they should not be in this country.

And thousands upon thousands of your fellow countrymen are illegal in America. Does that suspend humanitarian concerns? And if she is illegal here how can she be legal in Italy?

purple'n'gold

sovtek wrote:

And thousands upon thousands of your fellow countrymen are illegal in America. Does that suspend humanitarian concerns? And if she is illegal here how can she be legal in Italy?

In my opinion the thousands of illegal Irish in the USA should be rounded up and sent home.

Santa Claus

sovtek wrote:

And thousands upon thousands of your fellow countrymen are illegal in America. Does that suspend humanitarian concerns? And if she is illegal here how can she be legal in Italy?

The hundreds of thousands of Irish who live illegally in America RECEIVE NO STATE ASSISTANCE. That means they have to sleep on friends floors, work 3 jobs etc to get themself started. They often aboid seeking medical treatment for fear they may be discovered as being illegal and be swiftly deported and if they can get medical treatment they have to pay for it. So you're just showing your own ignorance making stupid statements comparing these irish people to asylum seekers who arrive on our shores and get fed/clothed/housed by the government !

EU law states that asylum seekers must apply for asylum in the FIRST eu country they arrive at. As there are no direct flights from Nigeria (or anywhere else in Africa) to Dublin then THEY ARE HERE ILLEGALY !

sovtek

purplengold wrote:

In my opinion the thousands of illegal Irish in the USA should be rounded up and sent home.

But they aren't and it's the height of hypocrisy for Bertie to lobby for them while screwing us here.

purple'n'gold

sovtek wrote:

But they aren't and it's the height of hypocrisy for Bertie to lobby for them while screwing us here.

I agree with you, and the Americans should tell Bertie to clear off.

sovtek

purplengold wrote:

I agree with you, and the Americans should tell Bertie to clear off.

Then do you also agree that Bertie should start by getting his own house in order and make sure that the departments in question are treating immigrants that are here fairly?

purple'n'gold

sovtek wrote:

Then do you also agree that Bertie should start by getting his own house in order and make sure that the departments in question are treating immigrants that are here legally fairly?

I have absolutely no problem with people that are here legally. And of course they should be treated the same as everyone else.

Santa Claus

sovtek wrote:

Then do you also agree that Bertie should start by getting his own house in order and make sure that the departments in question are treating immigrants that are here legally fairly?

You're failing to distinguish between immigrants and asylum seekers !

I work with 3 polish lads and they get all the same rights as Irish workers so they are in now way treated unfairly...but then again, they are legaly here !

sovtek

purplengold wrote:

I have absolutely no problem with people that are here legally. And of course they should be treated the same as everyone else.

Well they aren't being treated that way I can assure you. And that treatment means it's quite easy to be here illegally! You are hard pressed to get a straightforward and honest answer from anyone dealing with immigration in Ireland...so I find it hard to fault anyone for being "illegal".

sovtek

Santa Claus wrote:

You're failing to distinguish between immigrants and asylum seekers !

I work with 3 polish lads and they get all the same rights as Irish workers so they are in now way treated unfairly...but then again, they are legaly here !

immigrants and asylum seekers alike are getting screwed. Hell they are trying to deny non eu spouses of eu nationals residency because they haven't lived in another EU state first. That's contrary to EU law and the EU has come down on them for it...which they've appealed. I can't imagine what all goes on with asylum seekers.
It's now taking a year to get residency when it's supposed to take 3 months...3 years to get citizenship when it's suppose to take "only" two years.

sovtek

Santa Claus wrote:

I work with 3 polish lads and they get all the same rights as Irish workers so they are in now way treated unfairly...but then again, they are legaly here !

They are EU nationals so there should be no question there.

InFront

Santa Claus wrote:

The hundreds of thousands of Irish who live illegally in America RECEIVE NO STATE ASSISTANCE... So you're just showing your own ignorance making stupid statements comparing these irish people to asylum seekers who arrive on our shores and get fed/clothed/housed by the government !

They live on twenty euro per week. Usually in hostels. With food tokens. It's not exactly party time for them, and they're typically carrying a lot more troubles than homesickness.
For another thing, unlike those American immigrants, asylum seekers are barred from taking up employment.

Anyway, obviously the Government are within their rights here. But it is quite ironic given the American situation, and is also a little bit nasty.
Just on a related point, surely the fact that Mrs Agbonlahor actually wants to bring up an autistic child here given the state of Ireland's autism support services, outlines her desperation in itself. I'm sure sending kids abroad has crossed the minds of many autistic child parents in this country.

Santa Claus

sovtek wrote:

It's now taking a year to get residency when it's supposed to take 3 months...3 years to get citizenship when it's suppose to take "only" two years.

Did you ever think that this may just be due to the unexpectedly large numbers applying for residency/citizenship in the past 2 or 3 years ????
Not everything has to be a government conspiracy you know !

marcsignal

sovtek wrote:

What kind of busybody is Bertie then? His last two Justice Ministers have allowed the immigration service grind to a halt and then allow non-eu nationals to be subject to abuse after abuse...and I'm not talking about just asylum seekers.
Then he's off to America to pleed for the poor, downtrodden Irish illegals there.

I agree with you to a point, however the Immigration system is in a heap because the posting from the beginning was, and still is, something of a 'Poisoned Chalice' for any Minister brave enough to take it on.
10 short years ago when the number of people coming here was managable, we could have set up a proper system, which would have treated all with dignity and fairness, but any attempt to set up or establish an ‘Immigration Policy’ was shouted down and resisted by people like 'Rosanna Flynn' because they consider(ed) the very existance of Immigration Law as inherrently Racist.
That is why I cannot take her seriously anymore, she seems to relish any opportunity to call anybody (including the relevant minister of the time) who dosen’t agree wholeheartedly with HER opinion a Racist.

purplengold wrote:

In my opinion the thousands of illegal Irish in the USA should be rounded up and sent home.

The Illegal Irish in America chose to go to America and break the Immigration Law of that country by (in most cases) outstaying holiday Visas. They knew full well what they were doing and I have no sympathy for them either if they're caught and sent home. Although I agree with 'Sovtek' that Bertie has no right or business going there begging for their right to stay.

JacobM

I always thought of "asylum" as a politically prompted institution, not as a situational one. I want to move to Ireland. The possibility of asylum crossed my mind. And maybe it is not something less than genuine but the thought of failed asylum is embarrassing enough. Kind of drastic I guess.

sovtek

Santa Claus wrote:

Did you ever think that this may just be due to the unexpectedly large numbers applying for residency/citizenship in the past 2 or 3 years ????
Not everything has to be a government conspiracy you know !

Something that should have been prepared for. At best it's gross incompetance. They are taxing us immigrants €100 each for the GNIB card...bringing in over €200k above their costs...seems they could sort something out.
But what happens to you when you ask them to expedite something that a year ago should have only taken 3 months? Answer: NO
If you want to shout "ignorance" so quickly I ask that you go to www.immigrationboards.com. ireland section. Read the experiences there and come back and tell me it isn't malfeasance on part of the government.

Jackie laughlin

For chrissake, the kids have never been to Nigeria! This is an appalling and exceptional case and should have been treated as such. Let's face it, a couple of Irish kids have been sent to Africa. Is this the pityless Ireland we want?

purple'n'gold

Jackie laughlin wrote:

For chrissake, the kids have never been to Nigeria! This is an appalling and exceptional case and should have been treated as such. Let's face it, a couple of Irish kids have been sent to Africa. Is this the pityless Ireland we want?

hard cases make bad laws

Jackie laughlin

Hard cases call for exceptional generosity.

Dublin1600

Jackie laughlin wrote:

For chrissake, the kids have never been to Nigeria! This is an appalling and exceptional case and should have been treated as such. Let's face it, a couple of Irish kids have been sent to Africa. Is this the pityless Ireland we want?

Jackie you really should read the facts of this case before you start spewing shíte. The kids are not Irish, they weren't even born in Ireland, their parents are Nigerian and the children were born in Italy.

Fair play to the Government for not giving in to the PC crowd. Once deportations have been given the go ahead by the courts the deportees should be arrested and placed in custody until the deportation commences.

Mena

Santa Claus wrote:

EU law states that asylum seekers must apply for asylum in the FIRST eu country they arrive at. As there are no direct flights from Nigeria (or anywhere else in Africa) to Dublin then THEY ARE HERE ILLEGALY !

Up until recently, there were direct flights from, I think both Cape Town and Johannesburg to Dublin. Gulf Air, before their restructuring, were providing this service. Slattery's Travel were also offering a direct link from Cape Town to Dublin as far back as 2004.

That being said the particular family in question did land in Italy first if I'm not mistaken and thus should have claimed asylum there.

Being an immigrant myself I'm not keen to see people abuse the system as it tends to tar us all with the same brush. In this particular case though, sending kids back to a place they have never even heard of (again, assuming you believe the stories being told) is harsh, perhaps too harsh.

marcsignal

Mena wrote:

In this particular case though, sending kids back to a place they have never even heard of (again, assuming you believe the stories being told) is harsh, perhaps too harsh.

I have to agree with a previous poster who said 'hard cases make bad law' but i'm pretty sure we will see more difficult & 'exceptional cases' like this one in the future.
This family will no sooner be back in Nigeria and there will be someone else in the paper to keep the solicitors busy.
You either have Immigration laws or you don't, if you're going to start watering them down, and making special exceptions, you may as well just scrap them altogether and let everyone stay.
This is happening now, only because nobody would touch the issue with a 40 foot pole 10 years ago, when we could have actually managed it properly. I just don't think we can Nanny the World, any better than the Americans can Police it.

dent

Nigeria needs to look after its own citizens. They where here illegally and should have being deported.

ArthurDent

dent wrote:

Nigeria needs to look after its own citizens. They where here illegally and should have being deported.

Not totally disagreeing with you about a country being responsibe for its citizens, but feel this is a bit to glib. I wonder would you feel the same if it was about the illegal Irish.
I think sending the kids to Nigeria is tough, but legal and don't have an easy answer to the "hard cases"

dent

ArthurDent wrote:

Not totally disagreeing with you about a country being responsibe for its citizens, but feel this is a bit to glib. I wonder would you feel the same if it was about the illegal Irish.
I think sending the kids to Nigeria is tough, but legal and don't have an easy answer to the "hard cases"

Those Irish lads in the US knew the risks they where taking when they headed over there. If they get deported that's tough luck. I have no problem with Bertie
pleading their case in the US though. I would also have no problem with the Nigerian ambassador pleading this familys case.

I don't feel its tough to be honest. I feel sorry for a lot of the children of African countries but that does not mean I'd advocate bringing them all to Ireland.

sovtek

Dublin1600 wrote:

Jackie you really should read the facts of this case before you start spewing shíte. The kids are not Irish, they weren't even born in Ireland, their parents are Nigerian and the children were born in Italy.

You might want to reign back on the invective there! They have been living in Ireland for five years. As a child they probably spoke English with an Irish accent. I know every child I've seen of that age that has lived in Ireland consistantly does.

Fair play to the Government for not giving in to the PC crowd. Once deportations have been given the go ahead by the courts the deportees should be arrested and placed in custody until the deportation commences.

No Jeers to the government and Lenihan especially. He high tailed it out of Ireland when he knew this deportation order was meant to go through. That's assuming that this family was actually here "illegally" in the first place, which no one has shown any evidence of so far.

sovtek

dent wrote:

I don't feel its tough to be honest.

You've obviously never been through the immigration process then. As an immigrant being honest can make life really suck for you.
Meanwhile people that have been here for years and been forthright and honest are getting played by the system and the government officials responsible for it.

sovtek

dent wrote:

Nigeria needs to look after its own citizens. They where here illegally and should have being deported.

Thats rich coming from someone of the Irish persuasion!

sovtek

marcsignal wrote:

You either have Immigration laws or you don't, if you're going to start watering them down, and making special exceptions, you may as well just scrap them altogether and let everyone stay.
This is happing now, only because nobody would touch the issue with a 40 foot pole 10 years ago, when we could have actually managed it properly. I just don't think we can Nanny the World, any better than the Americans can Police it.

I honestly dont think "you" could have handled it any better 10 years ago as now. The people running the place are just as incompetent, cheap and racist as they were then.
And immigration law is to law what military music is to music. There is no other area of law that is as arbitrary where one person, without checks and balances, can decide your fate.

sovtek

Mena wrote:

That being said the particular family in question did land in Italy first if I'm not mistaken and thus should have claimed asylum there.

As I understand it they did. Even if that's the case how is someone suppose to get on in a country where they don't know the language and have no ties to.

Being an immigrant myself I'm not keen to see people abuse the system as it tends to tar us all with the same brush. In this particular case though, sending kids back to a place they have never even heard of (again, assuming you believe the stories being told) is harsh, perhaps too harsh.

I'm not keen to see people abuse the system. That assumes the system is fair and working. In this case it is neither.

dent

sovtek wrote:

Thats rich coming from someone of the Irish persuasion!

Why?

dent

sovtek wrote:

You've obviously never been through the immigration process then. As an immigrant being honest can make life really suck for you.
Meanwhile people that have been here for years and been forthright and honest are getting played by the system and the government officials responsible for it.

You took my statement out of context, I'm sure it is tough being an immigrant, I'm sure it might suck. Does not change the fact that they where here illegally and should have being deported. Let their own country take responsibility for them.

sovtek

dent wrote:

Why?

Famine
Diaspora...etc etc

sovtek

dent wrote:

You took my statement out of context, I'm sure it is tough being an immigrant, I'm sure it might suck. Does not change the fact that they where here illegally and should have being deported. Let their own country take responsibility for them.

I have yet to see any evidence they were here illegally. My understanding is that their asylum claim was rejected.
Of course....screw em...it's nothing to do with us that their country can't take care of them. The name "Lagos" isn't from the Yorùbá-ian language.

Jip

Sovtek, you need to take those blinkers off. They failed in their asylum claim and a number of appeals, the kids were born in Italy where their parents had initially claimed asylum, the mother let her permit to be there lapse, nobodys fault but her own and she came to Ireland claming harrasment, which there was no evidence to support. In fact her previously perfect hearing seemed to diminsh when asked by Matt Cooper why she wouldn't go back to Italy. And also her husband is still living in Italy, if things are going to be so bad back in Nigeria why hasn't the husband joined them to protect and look after them.

Morlar

sovtek wrote:

it's nothing to do with us that their country can't take care of them.

This doesnt make their claim for asylum legitimate - nor does it make them our responsibility.

sovtek

Jip wrote:

Sovtek, you need to take those blinkers off. They failed in their asylum claim and a number of appeals, the kids were born in Italy where their parents had initially claimed asylum, the mother let her permit to be there lapse, nobodys fault but her own and she came to Ireland claming harrasment, which there was no evidence to support.

I'm not the one that needs the blinkers taken off. I've dealt with the immigration process and I know what it's like. I suppose you can't imagine getting bad information and differing information in a foreign country and a foreign culture from an ineffectual bureaucracy? If I'd had always followed those that are supposed to give you correct and proper information I would have possibly been in her situation.

In fact her previously perfect hearing seemed to diminsh when asked by Matt Cooper why she wouldn't go back to Italy.

She was given bad advice...something that many immigrants have to face.

And also her husband is still living in Italy, if things are going to be so bad back in Nigeria why hasn't the husband joined them to protect and look after them.

After the treatment she received...why would he?

sovtek

Morlar wrote:

This doesnt make their claim for asylum legitimate - nor does it make them our responsibility.

Nor does it make "your" system legitimate. In the latter case it makes you morally responsible.

Morlar

sovtek wrote:

Nor does it make "your" system legitimate. In the latter case it makes you morally responsible.

What absolute drivel.

If these people are our/your/my moral responsibility then we have to accept that all african children with mild autism/Attention deficit disorder are our responsibility to clothe, feed, house and provide special educational assistance to (once they set foot on Irish soil). If that was the case we would be making problems for ourselves not least in that we would be more of a target for illicit people traffickers which is in no ones long term interests - neither the native Irish people of people from africa seeking resident status here.

How can you say african children with autism/a.d.d are our responsibility but not children from (insert name of X country here) ? Wouldnt that be discriminatory to give rights to african kids but deny them to poor/impoverished children from other cultures ?

I think that in the current climate of residents against racism and other aggresive pc pressure /special interest groups making big headlines the govt's room for maneuver on this area was strictly limited. Any exceptions being made on humanitarian grounds in this case were potentially grounds for alleging discrimination in the next case to come along. So one exception becomes the rule and anyone who says otherwise will be labelled a racist - how can you discriminate against x child in 6 months or a year when great was given asylum etc ?

dent

sovtek wrote:

Famine
Diaspora...etc etc

So because we suffered from a famine we should now be responsible for the citizens of Nigeria?

sovtek wrote:

Nor does it make "your" system legitimate. In the latter case it makes you morally responsible.

Well it is a legitimate system. We have a right to create our own laws and system of immigration.

We could start another thread on who is morally responsible from the Nigerian government to white colonists.

sovtek

dent wrote:

So because we suffered from a famine we should now be responsible for the citizens of Nigeria?

No I thought it would be obvious that all those Irish that were taken in by other countries during that time should not have been by your logic.

Well it is a legitimate system. We have a right to create our own laws and system of immigration.

It is not legitimate when it seeks to undermine immigrants that have obeyed the law and now have a right to permanent forms of residency and citizenship...then cynically lengthen the time it takes to reach that status as well as make it harder to renew their current status. Then tax those same people for the privilege. Again it takes nothing more than the whim of one person to become "illegal" by immigration law.

We could start another thread on who is morally responsible from the Nigerian government to white colonists.

We could...but we could also link it to the reason why people are coming here.