A Nigerian who was due to be deported on last week's charter flight has won an injunction preventing the state from removing him from the country.
Lawyers for Benson Obi argued that the state has no power to deport the father of three Irish born children because of legal developments within the past year.
Dr Michael Forde SC told the High Court that the state has successfully passed a constitutional amendment on the issue of Irish born children and can no longer argue that citizenship laws are being abused.
He also said a preliminary finding at the European Court of Justice in the Chen case held that the parent of an EU citizen cannot be deported unless they are incapable of supporting their child.
The court heard that 38-year-old Benson Obi from Lucan, Co Dublin has three Irish born children under the age of three with his Senegalese born wife who is the subject of a separate deportation order.
The state pointed out that Mr Obi had been turned down for asylum twice, once under his own name and later under the name Azybike Okoli and argued that he has exhausted all procedures.
They also argued that his children cannot be deported but would be expected to reside with their parents until they are in a position to claim Irish citizenship.
But Mr Justice Paul Gilligan granted an injunction preventing Mr Obi's deportation pending a full hearing of the case on 10 October ruling that there was an arguable case.
The judge was told that Mr Obi's lawyers will be applying to have him released on bail.
