Clamour for thousands to be granted residency

There has been a clamour for thousands of people to be granted residency rights in the Republic of Ireland following today's …

There has been a clamour for thousands of people to be granted residency rights in the Republic of Ireland following today's landmark ruling by the European Court of Justice in the Chen case.

Opposition parties and lobby groups believe the ruling means elements of Irish immigration policy could be rendered illegal under EU law and that thousands of people are now entitled to residency status.

One of the key elements of the ruling by the Luxembourg court is that a child's right to citizenship has no validity without the care of a parent.

This means at least one parent must be given residency rights until the child reaches adulthood which in turn could eventually give them citizenship rights based on their time normally resident in the State.

READ MORE

Last week the Minster for Justice published Citizenship and Immigration Bill which gives effect to last June's constitutional amendment on citizenship. It proposes granting citizenship to people who have had residency in Ireland for two to three years.

The Labour justice spokesman, Mr Joe Costello, who opposed the amendment said: "It would seem that the effect of the ruling is that it would give them the right to apply for citizenship."

He also warned that it would difficult for courts to uphold deportation orders until the full implication of the ruling had been digested and predicted legal challenges.

Fine Gael justice spokesperson, Mr Jim O'Keeffe said the Minister for Justice Mr McDowell should clarify the impact of the ruling on children born to non-nationals prior to the Irish citizenship referendum.

"He must indicate how many people here are affected by today's decision and also the number of affected persons who he has already deported. The Minister must also confirm whether or not he will put a stay on any further deportations."

Sinn Féin's justice spokesman, Mr Aengus Ó Snodaigh, called on Mr McDowell, to regularise the situation for the parents of around 11,000 immigrant children who have Irish citizenship. He says they are now likely to be entitled to stay in the State because their child was born here.

Mr Ó Snodaigh said: "This landmark decision calls into question the legitimacy of the policy of this Government in regards to deportations of these parents, which may be illegal under EU law in view of the findings of the European Court of Justice this morning.

Green Party spokesman, Mr Ciaran Cuffe said residency should be granted to the families of children born in Ireland before February 19th 2003, when a scheme that permitted residency based on the parentage of an Irish-born child was abolished.

The Coalition Against the Deportation of Irish Children (CADIC) put the number of children whose parents are affected at around 9,500.

"It is clear Justice Minister Michael McDowell has no choice but to halt the deportations and review the legality of what he's doing," said spokeswoman Ms Aisling Reidy.

A Department of Justice spokeswoman said the decision to hold the controversial referendum on citizenship was vindicated by the Court's decision

"Today's decision puts beyond doubt the fact that there is significant advantage to be gained by organising the birth of a child on the island of Ireland - since Irish citizenship law can be used to circumvent the immigration controls of the UK, or any other EU member state."

The referendum was passed by a four-to-one majority.