A failed asylum seeker is challenging his detention after his deportation flight to Nigeria had to turn back.

The High Court has heard that the pilot returned to Dublin Airport when he was refused permission to enter Algerian air space.

The failed asylum seeker was arrested in Tyrellstown last month by the Garda Immigration Bureau when he didn’t comply with a deportation order.

The Nigerian was put on a chartered flight to Lagos but an issue arose when the plane entered Algerian airspace without permission.

The pilot was told to leave immediately and opted to return to Dublin Airport where arrangements were made to hold the 27-year-old at Cloverhill prison until his deportation.

His solicitors have gone to the High Court arguing that Irish immigration laws do not cover this type of scenario.

They say his continued detention is unlawful; a ruling is due tomorrow.

Sinnott & Company Solicitors / Asylum Solicitors / Refugee Solicitors/ Immigration Solicitors Dublin