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THE SUPREME COURT’S ruling today in an immigration case could be “helpful” in deportation appeals, but it won’t have a huge impact on whether cases are approved or rejected, legal experts have said.
Earlier today, the Supreme Court upheld a 2016 High Court ruling that found the Minister for Justice (who oversees deportation applications and appeals) must give separate regard to an unborn child.
In 2016, the High Court found that the Minister “was obliged to have regard to the fact of pregnancy, and moreover to the likely impact of deportation on the rights which the Irish citizen child would acquire on birth”.
This was in relation to a Nigerian asylum seeker who launched a legal challenge to his deportation order in 2015, due to his relationship with an Irish woman and the fact that she was pregnant with his unborn child, who’s now aged two.
The High Court found that “the unborn… had actual existing constitutional rights which the Minister was obliged to consider” were not limited to Article 40.3.3, also known as the Eighth Amendment.
It held that the Minister’s decision was invalid and made a declaration that the Minister, in considering an application under the revocation of a deportation order, “is required to consider the current and prospective situation of the applicant concerned, including the prospective child of the applicant unborn at the time of the application.”
In its ruling today, the Supreme Court said that it upheld the High Court’s 2016 finding in this regard, and rejected the State’s appeal that the Minister wasn’t required to consider the prospective rights that the unborn would acquire upon birth:
The Minister is obliged to consider the fact of pregnancy of the partner of the proposed deportee as a relevant factor in any decision to revoke a deportation order and is obliged to give separate consideration to the likely birth in Ireland of a child of the potential deportee.
It continued:
“..Moreover, the Minister is obliged to take account of the fact that an Irish citizen child will acquire on birth constitutional rights which may be affected by deportation.”
Although the appeal in relation to the deportation case was upheld, the Supreme Court rejected the High Court’s finding that the unborn was an unborn child, with rights extending beyond the right to life as defined in the Eighth Amendment.
The immigration case
The case that the Supreme Court was reviewing concerned a deportation order given to a Nigerian man who arrived in Ireland in 2007, applied for asylum and was refused. In June 2008, the man was notified that his appeal was also refused.
A deportation order was sent to him in November 2008, but the Nigerian national continued to work unlawfully here. In August 2009 he married a Czech national and applied for residency in the State based on marriage to an EU national, which was rejected in November 2010.
Around September 2014, the man began a relationship with an Irish woman involved in this case. She became pregnant later that year, and in May 2015, the man applied for his deportation order to be revoked.
The case was brought before the court on 27 July 2015. The legal team representing the Department of Justice argued that the man had no constitutional right to remain here because the couple weren’t married, and said that the only right the unborn had was the right to life.
While legal proceedings were ongoing, and following an adjournment, the unborn at the centre of the case was born on 21 August 2015.
Following the birth, the man sent the department an application for residency based on parentage of an Irish citizen child; the Minister for Justice subsequently revoked the deportation order.
The case, however, was allowed to continue as a test case of immigration and constitutional law. In 2016 the High Court found that the unborn child has a constitutional rights outside of the Eighth Amendment:
The unborn child enjoys significant rights and legal position at common law, by statute and under the Constitution, going well beyond the right to life alone. Many of these rights are actually effective rather than merely prospective.
In this case, those rights include the well-being of the child based on the company of both parents.
What this ruling means
In its judgement today, the Supreme Court stated that it is necessary for the Minister for Justice, “as a matter of law to have regard as a relevant circumstance appertaining to Mr. M [the father in this case], that he is likely to become the father of a child born in Ireland”.
“It is difficult to see how it does not necessarily follow from that acceptance that one of the circumstances to which the Minister is required to have regard must involve a consideration by the Minister of the position of that child.
“There seems little logic in attempting to draw what is, in reality, a wholly artificial distinction between having regard to the fact that Mr. M. was likely, at the time of the application to revoke the deportation order concerned, about to be the father of a child born in Ireland but not also to have regard to the position of that child.
The two questions are so inextricably linked that it just does not make sense to suggest that it is possible to have regard to one without also having regard to the other.
Immigration solicitor Wendy Lyon of KOD Lyons told TheJournal.ie that the court’s judgement was “reasonable”, and said that a “compelling argument” had been made by the State.
Although the court’s clarification would be helpful for deportation cases, she said that she’s not sure “if it will have a huge effect”.
Professor of Global Legal Studies Fiona de Londras agreed, saying that the individual nature of cases meant that due weight would still have to be given to certain aspects, such as at what stage the pregnancy is at.
“The Justice Minister can still issue deportation orders in these cases,” Lyon said, adding that it’s only necessary that the Minister for Justice consider that the person who is due to be deported could be the parent of an Irish citizen child.
“It will be helpful for deportation cases,” Lyon says, but adds, “It’s still at the Minister’s discretion, so I don’t know whether it will make much of a difference in practice.”
She said that it could be the case where the Justice Minister says “we’ve considered this factor but we’re still going to make the same decision”, and it would be compliant with the Supreme Court’s ruling.
That being said, Lyon says that appeals where asylum seekers have a partner who’s pregnant are less frequent than cases where visa applicants have a partner who’s pregnant.
“A few cases do crop up from time to time,” she said.
I don’t think there will be a rush of cases that will be approved because of this judgement that would have been rejected otherwise.
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Pure Canadian Maple syrup for less than €5????
Canadian bacon mmmmmmmm
Canadian bacon or danish bacon? Hard choice
Tayto for me in toronto?? Fvck yea!!!
Leslie, living in Canada 13 years now…. Take our bacon! Use it with maple syrup…. Bask in the glory!
And Trevor in GTA5 is canadian…. Cannot get any more awesome!
Canadian bacon 7 days a week and twice on Sundays…. Choice not that difficult at all.. And smothered in maple syrup….. Heaven On a plate
I was in Toronto a few years ago and one the 7/11s sold Hunky Dorys
I must try Graham. Have never tried. But I will
Yeah, hunkys are fine, but miss my tayto….
Does this mean more Terrance and Philip shows?
Mr. Lahey will be planting more shit-seeds and harvesting more shit-weeds!
It means you don’t have to be a member of the European Union to trade with The EU. It’s time to get our sovereignty back from a dysfunctional EU!
Yep. That EU has been nothing but trouble, what with all their money and subsidies and protection and guidance they give us. I mean, really, what have the Romans ever done for us?
We entered into the EU in the early 70′s we went into years of recession shortly thereafter right through to the 80′s up to the 90′s. We lived in a false unsustained economy from 1995 until 2008. Subsequently Europe was on the verge of collapse and our country has been thrown into years of austerity and grim, grim future for us and our children! Ten of thousands were forced into a mass immigration. Europe is a failed entity,there are those of you that just convince yourselves otherwise and basically pretended everything is just fine.
Michael, it still is on the verge of collapse. What we have now is all smoke and mirrors. Watch the bond markets closely over the next few months. Massive emergency asset taxes are in the way as well as bank deposit confiscation Cyprus style.
Sean people refuse to see that because the they still believe the lies politicians tell them.
Europe is a failure!
Well there is the roads….. oh ye well ofcourse the roads…..and the education ….ye ok but aoart from the roads, education, what have the romans ever done for us???
Look at what it truly cost us, Graham
Greedy farmers can’t look past their own gate morelikes
Agreed.
Free trade makes jobs… Thats the whole ballgame….. Free trade makes jobs.
Farmers could instead look at it that they now have 40 million consumers to sell beef & lamb to.
Free trade means jobs. More jobs means more disposable income. More disposable means an increased market for farmers to sell their produce to. Which means benefits for farmers, not drawbacks. This is good news for everyone, farmers included. Now, let’s get a free trade deal with the US next.
Free trade means more jobs?
You must be joking or have come down with the last shower.
These deals, conducted in secret with multinational corporations leading them are about one thing only – increasing these companies’ profits and returns to the top few percent capital owners at labour’s expense.
Forcing ever more government services into private hands for profit & ensuring a regulatory race to the bottom. Putting ever more ‘legal’ barriers, by stealth, in front of governments’ looking to the well being of their citizens. Much as happened thru’ the WTO for regulations on ‘financial products’ which enabled Wall St. to flog its toxic (fraudulent) mortgage backed securities all over the world & trigger the global crisis.
When are people going to realise ‘democracy’ hasn’t been operating for decades (if ever much).
This is plutocracy. The elites & lobbyists negotiating these deals couldn’t give a toss about ‘jobs’.
All they care about is profits & ‘rents’. And ‘wages’ and any other benefits to ordinary citizens, provided directly or thru’ governments are seen purely as as ‘cost’ to be reduced or eliminated.
Trade ‘deals’ are the number one anti-democratic tactic of the neo liberal agenda of the last few decades. Absolutely responsible for the finance & property pyramid/casino bust and the mass unemployment now being used as a tool of further oppression of the majority of (labour) citizens.
The WTO has repeatedly failed recently (the ‘Doha’ rounds) to reach global deals because some democracy has broken out in some developing or lesser developed countries (notably S America) & they’ve had enough of being shafted by multinational corporations & banks.
So, guess what? It’s now the turn of the ‘developed’ countries to get shafted, taking advantage of their economic crisis.
Time to wake up & realise these elites act only in their own & class interests. To imagine otherwise is just stupid. If there’s one thing these last six years (& the previous causal period) should have taught us – this is it.
Here’s another brief article from a Canadian perspective.
TLDR version
“Im a commie…. I like to rant”
Correct Joey. He wants more government, not more freedom.
Would there be as much lobbying if government wasn’t as big?
“….a commie…” ?
Hmmm…no, if you read my comments you’ll notice that I’m arguing for a capitalist structure that respects democracy, rather than one we have that indulges in fraud & maladministration in favour of the top few percent who also occupy the key positions of public interest authority, regardless of what nominal (mainstream) party is voted for.
You know, one that doesn’t create global economic crises & then use mass unemployment as a weapon of oppression, instead of using the facilities the monetary system already has to the benefit of the majority of citizens.
But, I don’t think you get your head out of your bottom long enough to notice, eh?
Farmers can go and shite. Overall this is good news.
They can use that shite as fertilizer…
It’s aboot freedom. It’s aboot democracy.
Canada eh!
Could mean a flood of Canadian finance houses setting up their European HQ’s and European Customer service centers in the Docklands in Dublin..Thats a good thing,,,However Canadian farmers will have open access to the French and German markets..Thats possibly risky for the Irish farmers…However , worriers don’t worry too much..the Irish have concluded deals with China and have solid trading relations with the Arab states , with further scope for growth…It’s a good thing over all..
Could mean a flood of Canadian finance houses setting up their European HQ’s and European Customer service centers in the Docklands in Dublin.”
Ireland needs more gambling casinos ?
the Irish have concluded deals with China and have solid trading relations with the Arab states ,”
– yes that is good – but are these Arab states Muslim – where immigrants come from that apparently are unwanted here ??.
Pity is we did not conclude a Finance deal with China to borrow money and keep the IMF out .
Jim….by “Gambling casinos” I presume you irresponsible muts who lead the Irish banks to a crash…That type don’t exist in Canada..The Canadian financial system is highly regulated and operates within strict Government controls..Canada is just about the only country left in the “western world” that didn’t suffer a financial crash or a recession..The Australians are now heading the same route as the rest of us…The Canadian economy and banking system has stayed very strong and intact while the rest of us ran around like headless chickens..So I would believe yes , a flood of Canadian finance houses here would be a good thing…..
An Arab state by its very description is of course Muslim.. What immigrants from the Arab states are you talking about..??..We emigrate to them..Irish engineers working on oil rigs, Irish medics working in the UAE or Kuwait…We are one of the few countries in the world exporting Halal meat to the Arab world..That market is strong and growing..Yes..A good thing
Ghana and Angola “negotiated” with the Chinese and ending loosing their oil facilities in return for finance..Thats not negotiation , that’s a takeover with no way out.
The only reason we have solid trade with the Arab states is because we allow Muslims to move here in their thousands and build their Mosques. Basically our government are selling our country to who ever trade with them. This gives the impression our exports are thriving and thus creat a false economy for the benefit of politicians who secure their pensions in a fraudulent manner.
Our country is being sold out from under us.
We don’t have a government we have an occupation!
Michael..Don’t do the typical rte spin and assume Ireland is the sought after country in the world…This country offered wealthy Arab states products they needed..Halal quality meat and quality processed meat…We also provide education services in this country, to Muslim men and women ( who cannot access education in their own Muslim countries ) and wealthy Muslim families..These people are Muslim and require Mosques if they are to practice their religion…Should Catholics and Church of Ireland people not build their churches and practice their religion…?…These Muslim people are here legally and contribute to society by paying taxes and spending everyday..Should we refuse that , because they are Muslim..?..Sorry Michael that sounds a tad racist..!!
@Michael Fehily,….”rte spin” what the fu…ck is that suppose to mean? Don’t show your ignorance with the racist accusation.
Ireland is a sought after country as it is a soft touch with our dysfunctional immigration laws and we offer more Social Welfare entitlements to immigrants that any other Europen country. Pay two years of taxes and hey presto, you get Social housing, free medical and Social Welfare.You and others think that those who come into our country and pay taxes should have the same rights as Irish Nationals. Those who come here to work and are allowed to do so, pay taxes because it is the law. Immigrants who are allowed to reside here, work and pay taxes should look at it as a privilege and not as right! In In Germany immigrants must contribute to society by paying taxes, if you become unemployed you get Social Welfare for six months and then it is goodbye, off you go! You think that we should allow everyone into our country just because they want to. That is called an invasion!
Michaael….I’m afraid ignorance is clearly what you have just displayed..RTE spin is their opinion and their beliefs and their news rammed down our TV screens…Treating people like fools..The way pat Kenny and others were famous for…If you don’t see that , you’re in that brigade…You’re problem..!!
Regarding your claim that the Muslims you see around town , like those in the Mosque in Clonskeagh or South Circular rd , are here for Social Welfare reasons is clearly driven by racism..The vast majority of Muslims here are wealthier the average Irish..They come here for third level Education and training…They wouldn’t even know where the local welfare offices are…Don’t talk rubbish..
@Micahel, I didn’t associate Muslims with Social Welfare, you did?
Muslims are very rich that is true and they are not here just for the education that is not entirely true. Their modes operandi throughout Europe is to build Mosques and the Muslim religion. They do not integrate, they refuse to allow their children to marry outside of their culture and faith, they do not tolerate non Muslim religious materials in their homes and they do not tolerate other religions in their country of birth. They are on a crusade.
Recently in Cork they sought planning permission for an information centre and then blatantly showed total disregard for that planning permission and our planning laws by operating the “information centre” as a Mosque, having prayer meetings in the early hours of the morning disturbing the residents of the area! Total disregard for the privilege of being invited into our country total disregard for our laws.
In their own countries their education is superior to ours, they have teachers from all over the world to teach them English and educate them. Therefore why are they going to places like Ireland when we are alien to the lifestyle they choose to live? Open your eyes!
First Michael you’re displaying fear of Muslims…They didn’t get permission to hail the call to prayer they caught permission for a number of Mosques here in Dublin , however they can’t sound the hailers…Anyway the Catholics are experts at sounded the hailers..Kenny and rte & co have been doing that for decades…What do you think the angelus are about..?..Repeat…They come here for education…mainly third level…look at UCC if you can’t see beyond your nose…We are not a catholic or white supremacy country…Used to be , but thankfully not anymore….Open your mind..!!
Toronto is one of the most culturally diverse and pluralistic cities in the world..It is also the engine of the of the 7 wealthiest and one of the 7 largest economies of the world…Are Canadians being taken over by Muslims also..??
If Canadian banks are regulated – good – but when they are here they obey Irish laws – ie basically little / no regulation .
Why do think Dell come here – and set up ” Finical services ” / gambling – that aspect of Finance is the most lucrative form of ” industry ” on planet at the moment – dealing in virtual money – and if the lose – the government / sorry – the people will bail them out .
re Arab emigration – u say many Irish go to Arab countries – why then is there so much dissatisfaction / hatred for Muslims coming here ..??
The Canadian banks got bailed out in 2008 too, but that doesn’t fit the rhetoric
Micheal F. Have you tried to get citizenship in one of those countries ?.
Our farmers don’t like competition. Why?
Because Irish farmers have to follow rules that are costly but provide safe meat. Outside farmers can cut corners and provide “meat” that is cheaper because regulations are not as strict.
Equine in beef… Contaminated pork….BSE….
The irish can cut corners like the rest.
Joey I’ve no idea how you linked that to the farmers! Did you think that scald all was caused by garners dressing their horses up as cattle and sending them off to the slaughter house??
Its gonna hit our meat industry. Thats a certainty
Business is Business.
There’s documentaries on the way they breed cattle in the U.S and Canada. Believe me, we won’t be buying there beef!!
Ireland has the best food in the world meet fish dairy veg. For taste quality freshness we are a world leader on what we produce. We can take on any country and beat them in this area. Competition will always challenge and we will have to adapt. But we will be the better for it in the long term. I know our product is perceived and known to be the best world over.
Why are the famers worried? Sure won’t the tax payers be taking care of them as always.
That’s right! Who needs farmers, we can get out food in supermarkets sure…..,
Oh Brendan, what a silly argument
You take food out of people’s mouths, give it to a farmer and then charge poor people more when the food comes to the market, madness!
Ireland’s trade with Canada is currently €2.7 billion and has doubled since 206.”
- that’s progress – took 1,800 + years to double – . A lot of typos today !!
Wah Wah whinging farmers. It’d be better for all if the entire world had free trade without propped up markets.
Exactly, I’m finished with farmers! Going to get my food in the shops in future……..
Interesting… Canadian farmers are worried also… Must be world wide the way farmers react….
Remind me not to vote for Paul Murphy. He’s against free trade and capitalism.
I thought almost everyone supports free trade. Let’s go back to living in caves and hunting and gathering so we don’t buy imported goods.
Agriculture in the EU is about as far from free trade as you can get!
I’ve got a brand new combine harvester, EU grants, greedy old farmers, they’ll never change.
Neither will you by the sounds of things
Here in Canada they are actually more worried about our beef industry affecting theirs!! I was listening to a talk station here today and commenting on our quality of livestock and dairy products are very high. Personally I think it would be far better for Ilya Irish regards to the supply of raw materials etc.
Also there is nothing cheap out here, food in general is just as expensive especially dairy and meat.
The ICSA’s beef chairman, Edmond Phelan, said the negatives could outweigh the positives for Irish beef farmers, because the deal allows for up to 40,000 tonnes of Canadian beef and 70,000 tonnes of Canadian pork into EU markets.
”I am concerned that imports of cheaper Canadian meat have the potential to undermine the price of Irish beef in key export markets within the EU. ”
Since they by and large always vote Neoliberal what are they whinging about – and they never showed much concern about the effect the EU export subsidies have on developing countries .
And why should they? They protect Irish interests which is in short supply these days!
Cheaper meat
The same farmers that were against Ireland’s entry into the EEC
I wont eat their boring meat
A top door into the bigger Americas market, it’s all about the money
Wow Ireland’s trade has doubled in 2000 years. (206). Impressive!!!!
Do Canadian farmers use growth promoters/Hormones in their meat and milk like the USA. If so how can it be sold in the EU. Or is this what was really spoken about behind closed doors, GMO,s are what the yanks want us to consume, have they arrived.
I pray to god this means some decent dairy products in Canada. Charge ridiculous prices for piss poor milk and cheese.
have your say