Deported homosexual asylum seeker seeks judicial review

A NIGERIAN national deported in 2009 after he unsuccessfully applied for asylum on the basis he faced persecution in his home country because he is homosexual will this week seek a judicial review in the High Court.

The case is being brought on the basis that Minister for Justice and Law Reform Dermot Ahern failed to take into account the United Nations High Commissioner for Refugees (UNHCR) guidelines on sexual orientation and gender identity in his refusal to revoke a deportation order in relation to Mobolaji Adams, who was refused asylum on the basis that if he practised “discretion” in Nigeria he would not be persecuted.

The case will be heard a week after five supreme court judges in the UK ruled gay and lesbian asylum seekers should not be expected to “exercise discretion” to avoid persecution.

http://www.irishtimes.com/newspaper/ireland/2010/0712/1224274518502.html

Supreme Court dismisses Izevbekhai appeal

Pamela Izevbekhai was seeking to appeal the decision by the Minister for Justice to deport her and her two daughters to Nigeria.

Her lawyers argued that a new EU directive allowed the minister to review her case, which centres on the risk she claims her daughters face from female genital mutilation if returned to Nigeria.

http://www.rte.ie/news/2010/0709/izevbekhaip.html

Afghan loses refugee appeal

He came to Ireland after being advised by a relative in the security forces to leave Afghanistan because a warrant had been issued for his arrest. His bid for refugee status was later refused.

Mr Justice Éamon de Valera yesterday dismissed his challenge after finding there was “a clear basis” for findings and inferences drawn him by the tribunal.

http://www.irishtimes.com/newspaper/ireland/2010/0703/1224273903846.html

Nigerian grandmother loses deportation challenge

A 74-YEAR-OLD grandmother living in Ireland with her daughter and six grandchildren since 2006 has lost a High Court challenge to an order for her deportation. The decision means she cannot validly visit Ireland in the future.

Ms Justice Maureen Clark said, while she had sympathy for the grandmother, Mrs O, from Nigeria, she had chosen to pursue the route of asylum seeker rather than visiting her family here legally on a visitor’s visa.

http://www.irishtimes.com/newspaper/ireland/2010/0703/1224273903873.html

Tribunal rejects 92% of refugee appeals

THE REFUGEE Appeals Tribunal rejected 92 per cent of the appeals it ruled on last year, which marks a fifth successive annual rise in the rejection rate for asylum appeals.

The tribunal affirmed 2,987 decisions of the Refugee Applications Commissioner in 2009 and set aside 266 decisions. Almost half the successful appeals against decisions not to grant refugee status (50) were lodged by Iraqis.

The tribunal overturned 7 per cent of decisions not to grant refugee status to people from Moldova and 6 per cent of decisions to people from Zimbabwe and DR Congo. It accepted 3 per cent of appeals lodged by Nigerians and Pakistanis respectively, according to the tribunal’s 2009 annual report released yesterday.

http://www.irishtimes.com/newspaper/ireland/2010/0511/1224270128837.html

'Nigerian mother Izevbekhai's document is another forgery'

THE state will claim in the Supreme Court this week that the latest documentation supplied to the court by a Nigerian woman claiming her daughter died from female genital mutilation (FGM) is another forgery, the Sunday Tribune can reveal.

Mother-of-two Pamela Izevbekhai has enlisted a new lawyer to represent her in the Supreme Court on Thursday in a bid to prevent the deportation of her family.

The tab the taxpayer has picked up for Izevbekhai's case has surpassed €1m

http://www.tribune.ie/news/home-news/article/2010/feb/07/nigerian-mother-izevbekhais-document-is-another-fo/

Ill Nigerian girl spared deportation

A seriously-ill Nigerian girl has been spared deportation tonight when officials agreed to review her family's case.

The Department of Justice confirmed that Ayodola Adekunle (5) and her family were granted a last-minute reprieve after her legal team intervened.

She suffers from sickle-cell anaemia and had her spleen removed more than a year ago, leaving her susceptible to infections and malaria.

The family - who have exhausted all legal channels of the asylum process - were due to be deported tonight.

http://www.irishtimes.com/newspaper/breaking/2010/0203/breaking77.htm

Each bid to deport asylum seekers to go to court - judge

A NIGERIAN woman’s successful Supreme Court case will in practice ensure every attempt to deport a failed asylum seeker will end in the courts, “which are already swamped by such cases”, Mr Justice Adrian Hardiman said.

Asylum cases represent more than half of judicial review cases, and the majority decision in favour of Abosede Oluwatoyin Meadows, who claims risk of female genital mutilation (FGM) if deported, would make seeking judicial review “much easier”, he said. In his 100-page dissenting judgment, he said the case represented “a major revolution in our immigration arrangements” and administrative law.

http://www.irishtimes.com/newspaper/ireland/2010/0122/1224262844046.html

Deportation rate doubles for failed asylum seekers

THE deportation rate for failed asylum seekers almost doubled in the past year, new figures show.

This resulted in a total of 236 deportations to non-EU countries in 2009, compared with 129 in the previous year.

Figures published officially today also show that an additional 202 failed asylum seekers, who would otherwise have been removed from the State, opted for help in returning home voluntarily.

And another 243 asylum applicants were transferred to other European states after being caught "asylum shopping", where they seek status as a refugee in two or more countries.

http://www.independent.ie/national-news/deportation-rate-doubles-for-failed-asylum-seekers-2004667.html

Call for action on asylum ‘mess’

The number of asylum applications received by the Department of Justice in 2009 fell by 35% when compared with 2008. But funding for the asylum and immigration service during the same period was up by 16%.

Fine Gael Immigration and Integration spokesman Denis Naughten said, "We need a determined approach to deal with the present mess and I’m calling on the minister for justice to prioritise this area in the interests of the taxpayer. By streamlining the existing asylum system, treating people with dignity and in a timely manner, we could save the taxpayer a small fortune."

Mr Naughten said, "The additional costs associated with asylum accommodation in 2009 ran at €50,000 a day more than originally projected; this is on top of a cost over-run in 2008 of €40,000 a day".

http://www.irishexaminer.com/ireland/call-for-action-on-asylum-mess-108995.html

New drive to cut cost of asylum appeals

NEW measures to reduce the cost of last-minute legal efforts to block the deportation of failed asylum seekers are to be introduced in the new year.

A streamlined judicial review process will mean that an asylum seeker can only seek a single review of a ministerial decision in the courts.

The single procedure will allow all elements of an asylum application to be dealt with together and if the claims are unsuccessful, the failed applicant will be liable for deportation without further court challenges.

This will replace the existing system, which allows multiple attempts to be made in the courts to overturn a decision.

http://www.independent.ie/national-news/new-drive-to-cut-cost-of-asylum-appeals-1992482.html

Deportee refused leave to enter Nigeria

A 38-year-old woman deported home to Nigeria three weeks ago was refused admission into her country after officials in Nigeria demanded thousands of euro from gardaí on the basis that the woman had mental health problems. Officers from the Garda National Immigration Bureau (GNIB) refused their demand and the woman was returned to Ireland.

The woman is now back in asylum accommodation in Dublin. She came to Ireland five years ago and her return is likely to form the basis of another legal bid to stay here.

A garda source said the woman was not ill on the plane and that the demand by Nigerian authorities for "a few grand" was unacceptable. The source said there was no evidence the woman was mentally or physically unwell.

http://www.tribune.ie/news/home-news/article/2009/sep/27/deportee-refused-leave-to-enter-nigeria/

25 Nigerians deported

The 11 men, five women and nine children were removed from the country last night as part of an operation carried out in conjunction with Frontex - the European Union Border Management Agency.

http://www.belfasttelegraph.co.uk/breaking-news/ireland/25-nigerians-deported-on-special-charter-flight-14285076.html

Interpol assistance sought in Izevbekhai fraud investigation

Gardaí are to contact Interpol as part of a criminal investigation into the case of Nigerian asylum-seeker Pamela Izevbekhai, who has admitted forged documents were used in a bid to resist an order for her family’s deportation.

Detectives from the Garda National Immigration Bureau (GNIB) will wait for Izevbekhai’s current Supreme Court bid to overturn a deportation order against herself and her two daughters to conclude before she will be questioned under anti-fraud legislation.S

enior garda sources told The Sunday Business Post that GNIB was ‘‘compelled’’ to launch an investigation where there was a belief that a forgery had been used in an application to the Office of the Refugee Applications Commissioner (ORAC).

http://www.sbpost.ie/post/pages/p/story.aspx-qqqt=IRELAND-qqqm=nav-qqqid=40843-qqqx=1.asp

Courts to examine Izevbekhai 'cert fraud'

Integration Minister Conor Lenihan said that the shock admission by a Nigerian mother that she used fake documents here to boost her asylum case will be fully examined by the courts.

Over the weekend, Pamela Izevbekhai admitted that she had used a fake death certificate for her daughter, and a forged affidavit from a doctor in Nigeria as proof of her argument that it’s not safe for her family to return to Nigeria.

However, Ms Izevbekhai has stood by her claim that she did have another daughter, Elizabeth, who died in 1994 as a result of female genital mutilation (FGM).

http://www.herald.ie/national-news/courts-to-examine-izevbekhai-cert-fraud-1690976.html

Refugees allowed to contest refusal to let relatives join them

TWO SOMALI nationals who have been granted refugee status here have secured leave from the High Court to challenge the Minister for Justice’s refusal to allow them to bring their families to Ireland.

The plaintiffs and their families want the court to quash the Minister’s refusal of their application for family reunification under section 18 of the 1996 Refugee Act.

They are also seeking the Minister to reconsider as a matter of urgency the matter in a manner that is lawful and fair.

http://www.irishtimes.com/newspaper/ireland/2009/0217/1224241277516.html

Failed asylum seeker to appeal yet again

A Sligo-based woman who lost a challenge to her deportation this morning has indicated her intention to appeal her case to the Supreme Court.

Pamela Izevbekhai claimed her two young daughters, Naomi (7) and Jemima (6), would be at risk of serious harm due to female genital mutilation if returned to Nigeria.

Speaking after the judgement was delivered at the High Court this morning, Ms Izevbekhai said she was 'disappointed' but said the judgement wasn't unexpected.

Ms Izevbekhai said she will now appeal the case to the Supreme Court.

http://www.irishtimes.com/newspaper/breaking/2009/0127/breaking25.htm

More judges to process asylum seekers' cases

EXTRA judges will be involved in a major push to clear a huge backlog of cases dealing with asylum seekers and other immigrants seeking residency.

From next week, five High Court judges will be dedicated full time to hearing the cases -- compared to one lone judge who has been handling the heavy workload.

Currently, there is a backlog of 780 cases waiting to be heard, with an extra 17 cases joining the case list each week.

http://www.herald.ie/national-news/more-judges-to-process-asylum-seekers-cases-1592381.html

ECHR asks Government not to deport Nigerian woman

The European Court of Human Rights has formally asked the Government not to deport a Nigerian woman and her two young daughters to Nigeria until it has considered her arguments against the deportation orders, including that her two daughters face a real risk of female genital mutilation if returned.

The letter of request from the ECHR was issued yetserday shortly after of a High Court judge's rejection of Pamela Izevbekhai's application for an injunction restraining her family's deportation until the Irish courts have determined her judicial review challenge to the Minister for Justice's refusal last March to consider her claim for "subsidiary protection" here.

http://www.breakingnews.ie/ireland/mhidgbidojgb/

Asylum seekers held in prison for months before deportation

ASYLUM seekers have been kept in prison for up to eight months while awaiting deportation, despite having committed no crime.

The Department of Justice said the average time spent in jail by deportees works out at 33 days per person. None have committed any offence and all could instead have been asked to present at the headquarters of the Garda National Immigration Bureau.

A total of 130 asylum seekers have spent between one day and eight months behind bars since the beginning of last year, the department said.

http://www.tribune.ie/news/home-news/article/2008/oct/12/asylum-seekers-held-in-prison-for-months-before-de/