Supreme Court hears appeal by Nigerian, Czech couple

The Supreme Court has begun hearing an appeal which will have major implications for non-nationals who are hoping to remain in Ireland on the basis of having a child who was born here.

The appeal, by a Nigerian man, Mr Andrew Osayande, and the Lobe couple from the Czech Republic, opened yesterday before the seven-judge court.

The appellants are seeking to overthrow a High Court decision of April last in which Mr Justice Smyth found that the non-national parents of Irish-born children are not entitled to remain here by virtue of having an Irish-born child. The judge upheld the making of deportation orders against the Lobe parents, their three non-Irish-born children and Mr Osayande. The deportations have been deferred pending the outcome of the Supreme Court appeal.

The Czech couple's fourth child, a boy, was born here in October 2001. Mr Osayande's son was born here in November 2001.

Both appellants came to Ireland last year after unsuccessfully seeking asylum in the UK. Orders for their deportation to the UK were made in September 2001. The UK has agreed to deal with their applications under the Dublin Convention, a treaty agreed between the governments of EU states under which applications for asylum are required to be considered by the first country into which the applicant enters.

Opening the appeal yesterday, Mr Gerard Hogan SC, for the appellants, said that the critical issue was whether the Minister for Justice may, in the absence of overwhelming reasons, deport the non-national parents, who have no independent right to remain here, of Irish children of tender years.

The right of the non-national parents to remain here is derivative from the rights of their Irish-born children, who have constitutional rights to the company and care of their parents in this State, he argued.

The appeal continues today.