The Department of Justice has confirmed that Sligo-based Nigerian woman Pamela Izevbekhai will not be deported before her case is considered by the European Court of Human Rights.
It follows an intervention by the ECHR yesterday after Ms Izevbekhai lost her High Court application to stop her deportation.
Ms Izevbekhai's first born child died as a result of female genital mutilation or circumcision in Nigeria in 1994.
Fearing the same fate for her other two daughters she came to Ireland in 2005 but after a long-running legal battle has been refused permission to stay.
The State claims her fears are unfounded and says she could be relocated in Nigeria to protect her children. Her supporters say she will not be safe anywhere in that country.
After the High Court ruling she was due to meet immigration gardaí later today to arrange for her return to Nigeria.
The ECHR has now instructed the Government that she should not be deported until it has a chance to hear her case.
The Department of Justice has confirmed it will not now deport Ms Izevbekhai before the European court hears the application on 9 December.