Victory for the Rights of Children

national | rights, freedoms and repression | opinion/analysis Sunday November 19, 2006 20:08 by Anne O'Connor

About 1,150 Non National parents of Irish Born Children, who had previously been denied the right to stay for various reasons under the IBC/05 Administrative Scheme, won a landmark case at the High Court on Tuesday November 14, 2006. The presiding Judge, Ms Justice Mary Finlay Geoghegan said the Minister for Justice Equality and Law Reform had breached the rights of several Irish-born children under both the Constitution and the European Convention on Human Rights Act in how he considered the applications for leave to remain here of their parents, the judge quashed the Minister's refusals in all but one case. The decision relates only to non-national parents of children born before January 1st, 2005.

Justice Mary Finlay Geoghegan, in her judgment, said there was absolutely no consideration given to the position or rights of the Irish-born child when determining the applications by the parents of the children in question. She ruled that the refusal of the parents' applications to remain without any consideration of the rights, including welfare, of the Irish citizen children was unlawful as it breached the rights of their Irish citizen children guaranteed under the Constitution.
She also found that the taking of the same decisions without considering the private rights of the Irish citizen children - in the sense of personal and social relationships which result from living here - was also unlawful as it was inconsistent with the State's obligations under the European Convention on Human Rights and breached those obligations under the European Convention on Human Rights Act 2003.
The private lives of those citizen children demanded respect from the Minister, she held.
An estimated 1,130 families, who had applications refused under (IBC05) Administrative Scheme people could now benefit from the ruling.
The Minister for Justice through a spokesman immediately issued a statement saying he was going to fight the ruling vigorously.
Do we need to waste tax payer’s money fighting this case in the Supreme Court, when it is not as if we do not have jobs to give the parents of this Children. It is beginning to look to me like it is the Minister’s Ego Versus the Right of Children. I am in Total agreement with Ms Justice Finlay Geoghegan who said when the Minister established the IBC05 scheme and when he received applications under it, he was bound to consider and decide those applications in a manner consistent with the State guarantee to defend and vindicate the personal rights of the citizen child, including the right to live in the State and to be reared and educated with due regard to their welfare.
I think those close to the Minister should advise him to let this matter rest once and for all.