Thousands of non-nationals who have children born in this country could face deportation following a Supreme Court decision today.
The Court ruled by a five-to-two majority to dismiss an appeal by two families against a High Court ruling which found that they were not entitled to remain here by virtue of having an Irish-born child.
In this case it was accepted that children born in this country to non-national couples are Irish citizens.
But the issue before the courts was whether this citizenship entitled the children to the care and company of their families in this State.
The State argued the need to preserve the integrity of the asylum system and the interests of the common good.
The Chief Justice and four of his colleagues dismissed the appeal by the two families facing deportation.
He said the State is entitled to take the view that the system should not be undermined by people relying on the birth of a child as a reason to stay here indefinitely.
Mr Justice Hardiman said that the Irish-born child does not fundamentally transform the rights of the parents, though the Minister must give each case careful consideration.
In a dissenting judgement, Mr Justice Fennelly said he did not accept that there are powerful reasons for the State's rights to prevail over those of the child.
Labour slams lack of 'coherent Govt policy'
The Labour Party has said it would be 'quite wrong' for the Government to use today's Supreme Court decision as an excuse to begin a campaign of mass deportations.
Labour's Justice spokesman, Joe Costello, said the Court had set out the letter of the law, but that there was an obligation on the Government to take account of wider considerations.
He said the Government must respond to cases arising out of the judgement on their individual merits, taking account of humanitarian considerations and the constitutional recognition given to the family as the 'natural, primary and fundamental unit of society'.
Mr Costello added that the judgement emphasised the lack of any coherent Government policy on immigration and asylum.
He said the Government seemed content to allow the courts to make the difficult decisions, and there was still no sign of long promised legislation to update the law on immigration, residence and other matters.
No retrospection - Council
The Irish Refugee Council says it hopes that today's judgement will not be implemented retrospectively.
The Council says over 7,000 people have got residency on the basis of parentage and that an even bigger number of people are awaiting a response from the Department of Justice.
Meanwhile, the Children's Rights Alliance has called for a moratorium on the deportation of non-national parents of Irish children until the Government can explain how the well-being of the children will be protected.
In a statement, the Alliance said the Supreme Court decision did not absolve the State of its responsibility to protect the rights of Irish children.
