The High Court has begun hearing two cases, which could determine the future of many immigrant parents of children born in this country. Since 1990, the practice has been to allow parents with children born in Ireland to remain resident here.
A Nigerian man and a Czech couple whose children were born in Ireland are challenging a decision by the Minister for Justice to deport them.
David Lobe and his wife are Czech citizens whose baby was born in Ireland last year. The birth occurred just after a deportation order was issued against them, following the rejection of their asylum claim.
Since a Supreme Court case in 1990, most foreign parents of children born here can choose to continue living in Ireland. Last year, just under 2,500 residency permits were issued for this reason.
The Lobes and the Nigerian man in similar circumstances, who does not wish to be named, now claim that the Department of Justice is trying to row back from the established practice since 1990. In both cases, despite being the parents of Irish citizens, the Dept of Justice has refused to lift the deportation orders against them.
Both applicants claim this breaches their children's' constitutional rights to have parental care within the State. Lawyers for the applicants told the court this morning that the Department of Justice decision would in practice result either in deportation of the children who are Irish citizens or alternatively force their parents to leave their children behind them in Ireland.
Meanwhile the Refugee Information Service has called on the Government to provide temporary residence cards for refugees and asylum seekers while their cases are being assessed. The recommendation was made in the Service's first report, published today.
The Service provides information on residency, employment, education and housing. It has received 5,000 queries from asylum seekers and refugees from 54 countries who are now resident here.
