A 46-year-old woman who is HIV positive has lost a High Court challenge against her deportation to Nigeria on humanitarian grounds.
Lawyers for the mother-of-3 had argued that the order by the Justice Minister would put her life at risk because the necessary anti-retro viral therapy would not be available to her in Nigeria.
This was a legal review of a deportation order from 2010 which was made after the State considered the status of the Nigerian as a woman living with HIV.
She has been receiving anti-retro viral therapy in Ireland for 6 years and claims if deported she may be deprived of access to life saving treatment condemning her to decline and death.
In his ruling Mr. Justice John Cooke has rejected her lawyers claims that State officials relied on erroneous facts and had been highly selective in the material they used to reject her case.
He has found her condition is not critical and that officials were entitled to take into account that the availability in Nigeria of ARV treatment – currently at 34% – is improving and to note the mother-of-3 has availed of it in the past.
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