Dáil Éireann Debate, Tuesday - 5 November 2013
784. Deputy Seán Kyne asked the Minister for Justice and Equality if, in the context of the positive result in the children’s rights referendum, there will be a change in immigration policy to reflect the Zambrano case where the EU court held that the parent of an EU citizen child who is dependent on the parent must be allowed to stay in the EU. [46267/13]
View answerI can confirm that my Department's decision making respects the ruling of the Court of Justice of the European Union in the Ruiz Zambrano Case (C-34/09) and various refinements in subsequent judgements by the Court. Adherence to the ruling was not dependant on the outcome of the referendum. The legal position in respect of Ireland is essentially as the Deputy outlined it, namely that where an Irish citizen child would be deprived of the useful effect of its EU citizenship by having to leave the EU as a result of the removal/deportation of its parent(s) on whom that child is dependent, the parents should be permitted to remain. They should also be permitted to work to provide for the citizen child's needs. Each case obviously has to be looked at on its merits to establish the relevant facts and relationships.
