asked the Minister for Justice, Equality and Law Reform when he will present to Cabinet his proposals for change in status of non-national applicants for residency based on parentage of Irish children. [2994/03]
Written Answers. - Residency Permits.
17.
Ciarán Cuffe
Question:38 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of deportations which will arise from the recent Supreme Court judgment on non-national parents of Irish born children. [2991/03]
Thomas P. Broughan
Question:40 Mr. Broughan asked the Minister for Justice, Equality and Law Reform the Government's response to the Supreme Court decision of 23 January regarding the rights of non-EU nationals whose children have been born here; and if he will make a statement on the matter. [2898/03]
I propose to take Questions Nos. 17, 38 and 40 together.
As the Deputies are aware, the Supreme Court gave its judgment in the cases of L & O on the 23 January. It is a significant decision which helps to bring clarity to this difficult area.
The Supreme Court judgment found that the Minister was entitled to deport the persons concerned, who are the parents of Irish born children.
The issue of claims for leave to remain in the State by the non-national parents of an Irish born child has been a matter of serious concern to Government for some time. A claimed right to reside in Ireland based solely on the birth of a child in Ireland has come to be used as a method of attempting to circumvent normal immigration controls. The scale of this issue has grown considerably in recent years. In the past two years the total number of applications for residence based on an Irish born child was 15,190, 6,570 in 2001 and 8,620 in 2002. At present there are 10,667 applications on hand in respect of which no decision has been made; of these 9,077 are current or former asylum seekers.
In general terms the Supreme Court judgment confirms that: the non-national parent of an Irish born child does not enjoy an automatic entitlement to reside in the State by virtue of the birth of that child alone; and while an Irish child has a constitutional right to have the care and company of its parents, there is no absolute right for this to take place in Ireland. A determination may be made to deport the immigrant family, notwithstanding the effective removal of the Irish born child, without violating the child's rights. While the Minister must consider each case involving deportation on its individual merits, he is undoubtedly entitled to take into account the considerations which would arise from allowing a particular applicant to remain – where consistency would inevitably lead to similar decisions in other cases; statistical patterns of immigration and asylum seeking and the demands thereby created on the State's resources are entitled to be taken into account – even where there is nothing known or relied upon which reflects badly on the individual concerned; the length of time that the child in question has been in the State is a relevant and necessary consideration in determining whether a deportation order should be made; the Minister is entitled to take the view that the system should not be undermined by persons seeking to take advantage of the period between arrival in the State and the complete processing of applications for asylum by relying on the birth of a child during that period as a reason for permitting them to reside in the State indefinitely; and in examining the individual cases the Minister is entitled to consider facts such as the consti tutional rights of the child, the length of stay of the family in the State and their circumstances, the Dublin Convention, the Government's immigration policy and the requirements of the common good. The public interest in a fair, rational and effective asylum and immigration system is a grave and substantial matter of high importance.
It is clear from these judgments that the fact that a non-national gives birth to a child in Ireland cannot of itself give the parents a right to reside in the State.
The clear import of this is that a large number of the non-national parents of Irish born children, where they have no other legal basis for remaining in the State, may be required to leave. This does not mean of course that all such persons will be deported or that deportation, which carries with it serious consequences in terms of re-entry to the State, will be the only option resorted to in an effort to ensure that persons leave the State. It is open to any person to leave voluntarily thus obviating the necessity for making a deportation order.
I am in discussions with the Attorney General about the policy, legal and constitutional effects of the judgment. This process is likely to take some weeks. This week I gave the Government a preliminary assessment of the implications of the judgment. I will bring to Government, at an early stage, a more comprehensive assessment of the judgment, including its administrative implications and proposals for action on foot of it.