Athlone woman vows to fight husband's deportation

An Athlone woman has this week branded the Minister for Justice Dermot Ahern completely "heartless" following the deportation of her husband to Nigeria last week, describing the immigration system as "patently unfair". Gillian Olabode, neé Fallon, who lives on the Battery Road in Athlone spent her 39th birthday on Monday last on her own, after her husband, Henry, was deported back to the African country on Wednesday, March 3. She said current immigration rules were discriminatory because spouses of Irish citizens from outside the EU were being targeted for deportation, while the non-EU spouses of other EU nationals could not be deported. "They are heartless people, they have no compassion for our circumstances. It shouldn't have happened," Gillian said this week, as she vowed to fight the case to get her husband, who has been in Ireland for almost three years, back to Athlone. "They didn't even let him ring me to tell me," she said. Henry, who is also 39 was arrested on February 24 and brought to Cloverhill Prison, where Gillian visited him almost every day until last Wednesday, when while waiting to see him she was told by an officer "he's gone". The westside resident also slammed the fact her husband wasn't even allowed any rights before his departure to phone her, or obtain fresh clothes. "He went in the clothes he was arrested in. They didn't even let me bring him some clothes," she said, her voice breaking with emotion this week. "On Thursday morning he rang me and he said he was back in Nigeria," Gillian stated. "It's a disgrace that as an Irish citizen I'm getting treated like this. It's heartbreaking, I'm so angry," she fumed. Mr Olaboude had unsuccessfully applied for asylum when he arrived in the Republic in 2007. Although Gillian told the Westmeath Independent she was aware of the Department carrying out investigations into so-called sham weddings, she said the couple, who married in May, 2009, love each other and they just want to be together. "I'm not in a sham marriage. We want to be together but the choice has been taken from us," she pointed out, criticising Immigration officials, who weren't even aware Henry was married to an Irish citizen when they came to arrest him last month, despite the fact the couple lodged papers to inform the authorities of their union. Moving to Nigeria isn't an option for Gillian as she has two children here, aged 13 and 18, who are still in education and uprooting them is something she wouldn't do. They are extremely upset by the whole situation, she said. "He has been there for them for the last two years. He's done everything a father would do. It's heartbreaking but it's not that we want sympathy - we want justice," Gillian stated firmly. Letters have been written to the Department in support of the couple's case by members of Gillian's family, Canon Liam Devine, and Senator Nicky McFadden, and, she is hopeful they will help their case. Solicitor Brian Burns of Burns, Kelly and Corrigan in Dublin, who represents Mr Olabode, said he would be applying to the Minister for Justice shortly to revoke the deportation order based on up-to-date information and changed circumstances. He pointed out that there was a big difference in the rights that an EU citizen living in Ireland enjoy when compared to that of an Irish citizen. "Any EU citizen living and working here is allowed to bring their spouse to Ireland and they are also allowed to live and work here. However, if you are an Irish citizen you don't have that right. You have to apply to the Minister and it is at his discretion so there is certainly an argument of discrimation there between Irish citizens and EU citizens." This anomaly in the law follows a judgment by the European Court of Justice in 2007, which barred the Government from deporting the non-EU spouses of EU citizens. Although determined to fight the case, Gillian Olabode said the situation was difficult and had taken its toll on her and her family. She actually suffered a miscarriage a couple of weeks ago, something she feels may have been due, in part, to stress. But she is extremely thankful to many who have helped and supported during her ordeal, paying tribute to Residents Against Racism and in particular, Rosanna Flynn in this regard. Speaking of her husband she said: "We are in contact every day. He's really down, he hates the thoughts of me here on my own. He's concerned about me but he has great faith in God so he's fasting and praying that things work out," said Gillian, who wondered why the couple were being penalised for informing authorities of their marriage. "Why did they not deport him before now, why wait until we filed our papers saying we got married. We can't understand it, we're all shocked. To me, we're in total shock. It's like we tell the truth and we get penalised for it,"she concluded. A spokesperson for the Minister said he could do not comment on individual cases but they did point out that before any person has a Deportation Order made against them they have their case considered under Section 3 of the Immigration Act 1999 and Section 5 of the Refugee Act 1996. Any such consideration would have regard for any representations submitted by or on behalf of the person in question and would take specific account of that person's connection to the State, their age, their duration of residence in Ireland, their family and financial circumstances among others. Any person who has a Deportation Order made against them can apply to the Minister, under Section 3 (11) of the Immigration Act 1999, to have that order revoked. However, any such application would need to be supported by new facts or circumstances which were not put before the Minister, when the decision to deport was made.