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Dublin: 16 °C Thursday 20 June, 2013

Domestic violence survivor wins High Court immigration case

The woman had been married to an EU national, but left him after being subjected to serious abuse. She has now won her right to stay in the country.

CALLS FOR MORE transparency in Ireland’s immigration system have been made after a Pakistani victim of domestic violence won a five-year battle to remain in the State with her two children.

She achieved a settlement in the High Court with the support of the Immigrant Council of Ireland. The ICI said that such cases “highlight once again the difficulties caused because Ireland does not have a modern, transparent and fair immigration system with an independent appeals mechanism”.

The woman and her daughter, who arrived here in 2007, have been seeking permission to remain in Ireland with an infant son who was born here.

After being subject to serious abuse while married to an EU national, the woman left the relationship but had to go the High Court to prove that she was allowed to stay in the country.

At one point, she was issued with a deportation order, but this was removed.

Urgent need

The Immigrant Council has welcomed the settlement, saying it again highlights the urgent need for an immigration system which is modern, transparent and fair to all.

Senior solicitor with the council, Hilkka Becker, said:

Subjecting a victim of domestic violence, her daughter and infant son to a five year legal battle, including two High Court actions is cruel and unfair. It has been a long road for this small family as they attempted to negotiate bureaucracy and the courts.
Only the courage and determination of our client has ensured that justice has been done, not just for her but also for two young children. During much of the period the family lived uncertain of their status.

She said the woman and her children feared being prevented from rebuilding their lives by being refused the right to work and were denied basic State supports, including child benefit.

The settlement was successfully achieved after the High Court last year allowed for a Judicial Review to go ahead on the basis of undue delay and Ireland’s failure to meet international commitments.

Denise Charlton Chief Executive of the Immigrant Council added:

We are delighted for the family involved and glad to have been able to support their long battle for justice. I want to pay tribute to the solicitors of our Independent Law Centre for their work on this case.

The ICI said that such cases highlight once again the difficulties caused because Ireland does not have a modern, transparent and fair Immigration System with an independent appeals mechanism.

While improvements have been introduced to assist some of the most vulnerable people in the system, including victims of domestic violence, the need for whole scale reform has been highlighted in a string of recent court cases.

Becker told TheJournal.ie that the ICI has been campaigning for an independent appeals mechanism to be put in place, for more transparency, easier accessibility of guidelines and the protection of domestic violence victims.

She said that victims of domestic violence may not be aware of their rights regarding their immigration status, and such information needs to be clearly displayed on the Department of Justice website.

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Comments (49 Comments)

  • People don’t have the right to stay in Ireland just because they give birth to children here. There was a referendum on the issue a while back and there was a majority in favour of refusing the automatic right of residence to non-EU nationals whose children were born here. Can’t remember which year though!

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  • Birth of a child does not grant any status in Ireland, as unlike the US, Ireland does not grant citizenship based on birthplace. This was changed in 2004. It is a pity that people continue to parade these falsehoods as though they were fact.

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  • Did the Immigrant Council of Ireland help out with any of the unpaid €1 million in legal bills left to the State by Pamela Izevbekhai, who used fraudulent papers and a forged affidavit, in attempt to stay here.

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    • With you on this and why the red thumbs?

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    • Why highlight the actions of one fraudster?

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    • John F 04/03/13 #

      Ha Ha, Well done lads delete my comment because I said the Pamela izevbekhai case was the tip of the iceberg! It was! Fair play to Immigration Bureau for going to Nigeria to investigate her story and getting the facts! Its a pity the €1m in legal fees will never be returned to the tax payer!

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    • John F 04/03/13 #

      How much money has been squandered on trips to high courts for bogus asylum seekers? 3.1million was spent alone in 2011! No wonder the country is gone down the tubes!!

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    • So she got to stay on grounds of the domestic abuse, nothing to do with her own legal right, she wasn’t even married to this EU national, and where is the EU national that abused her? Is he in prison? That would be justice done, but allowing her to stay because of this? justice? This is crap.

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    • corection – i see they were married, but that would allow her to stay anyway. this reads as though she got rights to stay as a result of been abused. if she wasn’t abused at all and just left the man, surely she’d still be allowed to stay as she was married to an EU national?

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    • No – residency is based on a relationship to the EU national and when that relationship ends, the assumption is that you would return to your country of origin.

      However, in domestic violence cases, this could provide incentive to remain with an abusive spouse due to immigration status, which is the last thing anyone wants.

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  • phil 04/03/13 #

    Have got to laugh so many of the people saying this woman should be deported. Last week the same people where supporting America relaxing their laws regarding Irish illegals in the states.

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  • It is simply wrong that this poor woman was subjected to abuse and violence. Fact. What has it to do with residency? One does not lead to another. Please , if I am wrong, demonstrate how it is relevant. The article implies it was a deciding factor. Or , have I got the facts wrong?

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  • By John Doyle, and he’s right.

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  • Good result. Best wishes to her.

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  • Thankfully that was amended in 2004, and it resulted from an anomaly in the Good Friday agreement. It was intended for people from Northern Ireland. We had thousands of immigrants arriving in the country, about to give birth, so they could claim an Irish passport through their children, and be granted residency. It was pointed out to the then government of the time as a loophole, and it took 6 years and a referendum to be corrected.

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  • I completely disagree with you. I think this poor woman should be allowed stay. She entered the state to be with her husband, who abused her and when she left him, she lost her status. She should not be punished because she was abused by her partner, or be forced to stay with him to retain her immigration status. We need a modern immigration system that allows people to immigrate here in a normal manner.

    My above comment is in reference to your claim that people have children here to give them status. It doesn’t confer status since the Constitution was amended to remove automatic citizenship for people born on this island in 2004. I voted against that amendment, as I believe that it is more democratic to make everyone who is born here a natural born citizen. It means people who are born here are included from the beginning and don’t have to opt in at any time, which can be turned down by an official.

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  • Yeah “Good Luck” her and her Children & to hell with the begrudgers!

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  • Good for her, I wish her the best of luck and happiness in her new home.

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  • Oh, can we all make up legal principles on the fly? In that case, rescission of the underlying immigration status is vitiated by familial integrity considerations. Or something.

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  • As a migrant who came here 13 years ago to be with my then Irish partner and now a proud Irish citizen – I’m disgusted by the negative and racist comments here. The Irish immigration system is near impossible to navigate and needs clear and transparent guidelines. A woman was abused in this story and all some people can think of is sending migrants home – where is your sense of decency for your human being???

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    • There are a lot of them on here Dil. They normally start with Im not a racist BUT. Pay no attention to them.

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    • Racist? In what way was anything anyone said implying she is in any way lesser then us? As Rory said above –

      What has abuse to do with residency? One does not lead to another. Please , if I am wrong, demonstrate how it is relevant.

      Obviously no-one supports violence but laws are made by the citizens of a nation, a group you now count yourself among. Respect the laws and leave your narrow-minded Racist calls where they belong, at home.

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    • Women are abused all over the world. Pakistan has a horrific endemic social problem with domestic abuse, and it’s estimated that 70 to 90% of women there are subjected to it. We are a small country that is financially broke and can’t take on the problems of the world.

      We need a strict immigration policy like the US or Australia which only grants working visas to those with skills we need for our economy. For too long, we had no proper immigration policy. Anyone who tried to raise the issue was subject to a cynical cheap about racism.

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    • good man Joe, can’t wait for immigration to get tough like Australia and Canada. They’re very good at almost dictating to us how our own country should be run just to suit them. They don’t care about you or I.

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    • There is a difference between coming here to work and earn money and contribute to society and coming here to not work and gain financially from the taxes of other people. If this woman intend to que up for the dole every week for the rest of her days the i have a problem with that.

      There are extreme cases where there are wars and we allow people to stay here. There are always exceptions.

      If they want to stay here they must abide by our ways and our laws. If they break our laws then they should be deported. I’m in favour of giving visa’s and residency for a period and when they sufficiently prove they are not here for the free money and they do not breaks the law after a period of 10-15 years then give them an irish passport! The same should be expected of irish people abroad.

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    • She came here to be with her husband, Diarmiud. Are you really going to start telling Irish citizens that they can’t marry non-nationals and start a family?

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  • Sure just open our borders and let every one in. Give them all welfare and housing and keep sending our own talented skilled people away. Pretty soon we’ll have to go abroad to meet any irish people.

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  • Dont agree with the decision but it is what it is.

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    • What would you do? Turf people who are the victims of violence out?

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    • They should impose a time limit on any immigrant coming here to marry, for reasons of citizenship. Make it law, that they have to have resided in the Country for five years before they could marry!

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    • No Stephen, because we’d have to have them here for 5 years. If it is truly for love, the Irish citizen should move to their partners home country for 2 years prior to marriage.

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    • Your bigotry is only exceeded by your selfishness. How would you feel if the millions of Irish emmigrants of the last 50 years were suddenly forced back here to live on our “limited” resources. We are of this world and in this world. There is no national drawbridge and people are people regardless of where they were born. Live with it.

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    • I agree Stephen, but you can’t tell before they get here which type of person they are. The man should commit a year or two of his life to show it’s not for benefits or anything like that.

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    • Why should an Irish citizen have to go elsewhere to marry a non-EU citizen? If I or anyone else meet someone and want to enter a marriage or civil partnership, the state should allow that person to reside with me here. It is ridiculous to suggest that I would have to reside elsewhere first.

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    • Go suck a lemon Ben, it might sweeten you up. No-one has a problem with people coming to work but I have a huge problem with those coming to scam the system. I also have a problem with Irish people who scam the system. It’s not bigotry, it’s a sense of justice.

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    • You can’t have it every which way there Bernard. If they’re only allowed in on account of the marriage, why should they be allowed to stay once it’s ended?

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    • You are out of your skull if you believe people move half way across the world to get welfare benefits.

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    • Ben Gunn- Why is it Racist, to control who enters your Country. I am sure, the Irish in other Countries are subject to strict controls in Australia, New Zeland, Canada and USA etc.? Maybe you should read their laws or travel a bit?

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    • I never said that it was. I would refer you to the rubbish spouted by the commentator I was responding to.

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    • Have you seen the dole ques, i was in tralee during the boom it was full of foreigners and granted some irish as well. SOME of these people arrive here and have no intention of working. The more children they have the more money they get. There have been cases where families are in trouble with the law quiet a bit and take every benefit going and contribute nothing. The are a huge cost of the sate, i’ve been to paris recently and they got the same problem there, from speaking to some Belgium people its a problem there too.

      The UK are alot more strict on immigration, difference is there immigrants come from british commonwealth countries where the people have been taught the british way and britain invaded them and want to work in the uk.

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    • If every country had that rule, Andy, where on earth would they live? It can be incredibly difficult for spouses of different nationalities to navigate the system and if, for example, Ireland and Australia both had that rule, it would put an Irish/Australian couple in a bit of a bind.

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  • I commented above about the referendum on residency rights for parents of children here. In this case, however, this lady had married in good faith and was evidently making a life for herself and her children. Why should she have to leave because her marriage broke down due to her partner’s violence? I think justice was served in this case.

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  • i think justice should be served upon her husband, though we don’t or won’t hear about this. i’m not convinced.

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  • As long as they come here to work! A lot of immigrants come for the benefits, it these people who should be deported, i can guarantee if i went to their country and decided not to work just stay at home and get money for free without contributing a single cent of tax i’d be put on a plane back to Ireland! There are some exceptional cases where countries are riddled with war, met a few people from Bosnia who were working here and doing very well after a tough time in their country. Also some people from africa who came to ireland and have good jobs and are working hard!

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  • The ‘right’ thing ?

    As defined by whom ?

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  • How about they let her stay cause it was the right thing to do?

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  • In general, when a contract is mutually terminated the attempted remedy pursued by the courts would be to return the concerned parties to their position prior to entry. In this instance, it would be for the woman to return to her land of origin as she came here to be with the man. Now they have terminated their relationship she has no reason or right to stay here. By the law you explained she, nor her kids, have any right to stay here. It seems the High Court erred in its judgment.

    In relation to your objection to the referendum result, would you expect a child born here during a flight stop-over to have nationality conferred upon it?

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  • @Bernard – I hope that’s true. If it is the case then I would have to agree that this woman has no business here, nor does the older of her kids. Deport them if neither parent is Irish, we need the resources used on them for Irish nationals who don’t have enough to eat or any heat.

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