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deportations of parents of irish citizens begins
On 17 July the Minister for Justice announced that a backlog of 11,000
claims for residency for non-EU immigrant parents solely on the basis
that
they have become parents of Irish citizen children have been nullified.
The first 400 notices of effective deportation have been issued by the
Department. DEPORTATIONS OF PARENTS OF IRISH CITIZENS BEGIN
On 17 July the Minister for Justice announced that a backlog of 11,000
claims for residency for non-EU immigrant parents solely on the basis
that
they have become parents of Irish citizen children have been nullified.
The first 400 notices of effective deportation have been issued by the
Department.
The notices inform people that the Minister proposes to deport them,
and
tell them that they have 15 working days to make written
representations
for temporary leave to remain on humanitarian grounds, which may
include
parentage of Irish citizen, the length of time they have resided in
Ireland
and their family and domestic circumstances. Alternatively those issued
with the notices can agree to voluntary return option.
However, while the Irish state is prepared to fund the cost of
deportation,
the immigrants are not entitled to State-funded legal advice in
preparing
their submissions. According to the press, lawyers are charging between
2,000 and 4,000 euro for assistance with their humanitarian leave
applications.
According to the Constitution all persons born in the island of Ireland
are
Irish citizens. Until the Supreme Court ruling of January 2003, some
10,000
migrant parents have been granted leave to remain on the ground of
having
parented Irish citizens. The court decision reversed this situation and
as
of 19 February 2003 the Minister ceased accepting new applications for
leave to remain on the grounds of the birth of an Irish citizen.
While Irish citizens cannot be legally deported, they will be
practically
obliged to leave the country with their parents as the Minister made
clear
he will not be 'blackmailed' by parents threatening to leave their
children
behind, and, if necessary, that the courts will compel them to take
their
citizen children with them.
Immigrant parents are bewildered, confused, and need our support. Many
are
afraid to go back, many have integrated into Irish society and wish to
remain and make a contribution. Deporting parents of Irish citizens
infringes the rights of Irish citizens to the care and company of their
parents in the state of their citizenship and the integrity of the
family,
as enshrined in the Constitution.
Please show your support by organising local meetings, assisting
migrants
with legal advice, or writing letters to:
The Taoiseach, Bertie Ahern TD - the Department of the Taoiseach,
Government Buildings, Merrion Street, Dublin 2.
taoiseach@taoiseach.gov.ie
Michael McDowell, TD, Minister of Justice, Equality and Law Reform,
Dept
of JELR, 72/6 St Stephen's Green, Dublin 2
to your local TD, and to the press.
|
national |
rights, freedoms and repression |
press release
Thursday July 31, 2003 19:26
by rar
printable version
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Comments (4 of 4)
Jump To Comment: 1 2 3 4The announcement in full:
Department of Justice, Equality and Law Reform
NOTICE TO NON-NATIONAL PARENTS OF IRISH BORN CHILDREN.
This Notice contains important information for the non-national parents of Irish born children, who have made applications to reside in the State on the basis of parentage of an Irish born child, and who have not received a decision.
The contents of this Notice do not affect those parents who have already been granted residence in the State.
1. Following the decision of the Supreme Court in the cases of L & O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure will not apply to cases which were outstanding on 19 February 2003 - that is cases where applications were lodged but where no decision had been made.
2. In relation to outstanding claims to reside in the State on the basis of parentage of an Irish born child and the implications for the effectiveness and integrity of the State's asylum and immigration systems, the Government has decided that every such case will be examined and decided individually.
3. In any case where the Minister proposes to deport a person affected, that person will be given an opportunity to make representations in relation to the proposal, and the range of factors relevant under existing law to the Minister's determination will be taken into account in making a decision in every such case. Those factors include the person's individual family and domestic circumstances and humanitarian considerations, in the context of the matters mentioned at paragraph 2 above.
4. Where any person otherwise liable to deportation wishes to leave the State voluntarily, the Minister will provide assistance.
5. Any person who wishes to make enquiries in relation to this notice or to discuss the possibility of voluntary return to their country of origin is invited to telephone the Immigration and Citizenship Division at
LO-CALL TELEPHONE NO 1890 457 032
(10.00 am to 12.30 pm Monday - Friday)
Main Telephone Number +353 - 1 - 6028202
Main Fax Number +353 - 1 - 6615461
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official press release which preceded the advertisements in Unison and Irish Times broadsheets:
Government's decision in relation to the handling of claims for leave to remain in the State from the non-national parents of Irish born children currently on hands in his Department. This follows the Supreme Court's judgement of 23 January 2003 in the cases of L&O in which the Court confirmed that the Minister was entitled to deport the non-national parents of an Irish born child.
On 19 February 2003 the Minister ceased accepting new applications for leave to remain from non-national parents where such applications were based solely on the birth of Irish born children.
The Minister has considered how the cases currently on hands, all of which have been submitted since October 2001, are to be dealt with and following consultation with the Attorney General brought the matter to Government who decided that:
- the status of persons who have already been granted leave to remain in the State on the basis of an Irish born child is not affected and they will be in a position to apply for a renewal of this leave as heretofore.
- in accordance with the Minister's announcement of 19 February 2003 there is no longer a separate procedure for considering claims from non-national parents for leave to remain in the State on the sole basis of the birth of a child in Ireland,
- claims for leave to remain will not be considered from parents (including current asylum seekers) who have an alternative legal basis for remaining in this jurisdiction; claims will only be considered in the context of representations on a Ministerial proposal to deport parents. Parents whose representations are successful will be given humanitarian leave to remain.
- There will be no presumption in favour of allowing parents granted permission to remain to be joined in the State by other family members (including other children).
- the Minister will not generally consider the revocation of deportation orders already made except where information in relation to the birth of the Irish born child was not known at the time of its making,
- a voluntary return option will be made available to persons with claims currently on hands to enable them to return voluntarily to their countries of origin,
A notice is being published in newspapers setting out the details of the Government's policy in relation to the processing of outstanding claims.
Any person whom the Minister proposes to deport will be given an opportunity to make representations which will be considered in deciding whether to grant leave to remain or to deport the person. Each case will receive individual consideration.
The Minister is also making available to persons concerned an option to return voluntarily to their country of origin. Any person considering this option may seek the assistance of the International Organisation for Migration (IOM) and if necessary may have the cost of the transport provided.
The Minister is satisfied that the Government's decision will result in a fair and humane approach to those cases which are currently on hands.
17 July 2003
For more information contact:
Department of Justice, Equality and Law Reform
72-76, St. Stephens Green, Dublin 2, Ireland
Tel: +353 - 1 - 602 8202
Fax: +353 - 1 - 661 5461
Internet: mailto:info@justice.ie
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The Minister is satisfied that the Government's decision will result in a fair and humane approach to those cases which are currently on hands.
Yet no provision has been publicised to have been made to deport immigrants and their Irish citizen children.
ΏHow are they to be deported?
ΏTo where?
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Ώ& when the Irish citizen is deported shall their citizenship be revoked?
There is _no_ precedent for revoking of Irish citizenship.
$$$$$$$$$$$$$$$$$$$$$$$$
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Minister Mc Dowell made a speech to a conference entitled "No Boundaries, No Hiding Place - The Global Response to Organised Crime" on 12 June 2003
http://www.justice.ie/80256976002CB7A4/vWeb/fsWMAK4Q7JKY
he quiped that "crime knows no borders", "yet here in Ireland they make use of the border".
Minister! it is only capital that knows no borders.
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We should organise to resist this new wave of deportations in solidarity with all immigrants. Anti-racist groups should form an an anti-deportation group as soon as possible. These people have only 15 fucking working days. If they're sent back they will face persecution, explotation and even death. They're kids will be sent back with them to face all this. Let's show McDowell as the Nazi bastard he is.
Go with them. Since you people spend all your time denouncing Ireland just go.
Anyway, having a sprog was just an obvious ploy to stay in the country. Forget it.
#1. all gov. parties will appear to voters accross the class divides to be "finally acting" on the immigration issue.
#2. Ireland shall be a useful test case yet again for building legal precedent on the "two-tier" European citizen society of post "amplification" union.
#3. Precedent shall be made for "revoking" Irish citizenship.
#4. The state and Irish society in dealing with pan-european issues in this way, issues which effect other states and jurisdictions much more than Ireland, will store up clear resentment. Is the child born in Ireland in 2002 or 2001 to grow up labelled by it's contemporaries in preschool to university as "one of the back door scamming immigrant sprogs"?
#5. Ireland is acting as a "test-case" within European legal integration and amplification issues in this way, and these changes are "internationaly" more important than the way they are being presented (as domestic /internal security). By doing so, Ireland yet again shirks it's developing role in international affairs. Why? Is it trully in the interest of Ireland and her future generations regardless of their descent to copperfasten European notions of "alien", "immigrant", "asylum", and lastly but not least "auslander".
{if your mammy can't help you there, auslander is a German word and legal concept}
oh and for Sιanνn and who he represents so well:
How many Irish have cousins or relatives who were born in either North America or Australia before their parents naturalised?
You may win "big points" which will naturally count towards a T-shirt and/or crash course via open source software in Quantum Physics and big words, if you circulate these ideas amongst the chattering classes of Ireland quickly.
that means:
(a) some of you talking to your parents.
(b) many of you phoning the radio chatshows.
(c) writing on neat paper to the papers, don't leave it to email, sure the WWW is full of cranks.
(d) printing up loads of leaflets and posters and littering the towns of Erin, but avoid Galway.
*** it doesn't mean writing a university thesis or making a pop song, we don't have that long.
**** Remember the incipient racism of the Irish is being exacerbated by their level of awareness of immigration. As Ken Keasy said and I agree "we operate on many levels". The average Irish who not thinking themselves "racist" objects to immigration does so because they feel it to have reached "crises" levels. Why? Because perhaps immigrant communities are often concentrated in inner city areas, this means the once in while trip to town involves seeing oodles of foreign faces. Or perhaps I am wrong and Dublin (one third of Ireland's population) is unique in Europe by demographically spreading immigrant communities.
***** Please remember there is wide cross-party political and cross-class support for these changes.