A woman and her two daughters, facing deportation to Nigeria, have been granted permission for a judicial review into the justice minister's decision not to use his discretionary powers and consider 'a subsidiary protection order' in the case.
Mr Justice John Edwards said the grounds for his ruling were the inadequacy of reasons given, irrationality and the perceived arbitrariness of the process.
This afternoon the High Court heard application for the review of the decision not to consider a subsidiary protection order in the case of the woman and her two children.
Pamela Izevbekhai fled Nigeria in 2005. She says she feared that her husband’s family was to carry out female genital mutilation on her two daughters.
At the High Court this morning, Ms Izevbekhai's barrister, Mel Chrystle, said that there had not been sufficient time to consider the consequences of the Minister's decision.
He said there had been inadequate time for the applicant to put the most appropriate leave for application before the court.
Mr Chrystle said that there was great urgency because matters were in motion to deport Ms Izevbekhai and her two daughters.
For the State, David Conlon Smith said that he understood arrangements were in place for the deportations to be carried out early next week.
Mr Chrystle said that Minister Lenihan's decision not to consider the application for subsidiary protection was unlawful, as there was information that was new and ought to have been considered.
