Amnesty welcomes intervention by European Court of Human Rights in Izevbekhai case and urges Minister not to deport family
Amnesty International Ireland welcomes today’s communication from the European Court of Human Rights (ECHR) to instruct the Irish Government not to deport the Izevbekhai family before the ECHR has had time to consider their case on December 9, 2008.
This comes on the same day of the High Court’s decision to refuse a stay on the order deporting Ms Pamela Izevbekhai and her daughters, Naomi (7) and Jemima (6), while they await a judicial review in the High Court of their case.
“No one should be deported while a final decision on their case is still pending,” said Colm O’Gorman, Executive Director of Amnesty International Ireland.
“We assume that the Government will comply with the instruction of the ECHR. Beyond this we need a commitment from the Minister for Justice, Equality and Law Reform, Dermot Ahern TD, that no deportation will take place pending a full and fair hearing in the Irish High Court.
“We have already been in touch with the Minister’s office to emphasise Amnesty International’s grave concerns on this case. While Pamela and Jemima were today handed letters at the court ordering them to report to Balseskin Reception Centre in Finglas, at the same time the ECHR was writing to Government. We need firm guarantees from the Minister that the family will not be deported before their judicial review is heard.
“We are also calling on Minister Ahern to use his powers under Section 3 of the Immigration Act 1999 to grant a subsidiary protection order for this family as a matter of urgency.
“In March, Amnesty International wrote to the Minister outlining our objections to any deportation of Pamela Izevbekhai and her two daughters to Nigeria. The state has not fully considered the risk that the children may be forcibly subjected to female genital mutilation - a human rights atrocity - and whether Nigeria can protect them. The flawed process in this case was confirmed by the High Court judgment in March granting leave for judicial review.
“The right to an effective remedy before a court or a tribunal is a fundamental principle and a remedy can only be effective if it has suspensive effect.”
Background
On 20 March 2008, Ms Izevbekhai and her daughters were granted permission for a judicial review into the Minister's decision not to consider the family’s application for ‘subsidiary protection’.
Mr Justice Edwards ruled on the basis of the inadequacy of reasons given, irrationality and the perceived arbitrariness of the process through which the Minister’s decision was made.
The judicial review on the substantive issue of the subsidiary protection claim is yet to be scheduled.
Amnesty International will be making further representations to Government on the substantive issue when this case arises.
Watch the Radharc award-winning short film by students of The Huston School of Film and Digital Media at NUIG Galway (www.filmschool.ie) on how Pamela Izevbekhai and her family are dealing with the threat of female genital mutilation.
Read more about Pamela Izevbekhai’s case
Find out about our campaign Stop Violence against Women
