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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. |
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