Immigrant was granted 'exceptional' leave to travel for abortion

An immigrant woman who had applied for residency and who wanted to travel abroad for an abortion was granted permission to return…

An immigrant woman who had applied for residency and who wanted to travel abroad for an abortion was granted permission to return to Ireland after the procedure, but only as an "extremely exceptional measure".

However, the Moldovan woman's application for a re-entry visa, to allow her to make a round trip for the purpose of terminating her pregnancy, was initially rejected by a Department of Justice official.

The woman's solicitor wrote to the Department's immigration division early last month seeking the re-entry visa to allow her client to procure an abortion, which was not available to her in Ireland.

The woman's application for residency rights was made last year, on the basis that she had become the mother of an Irish citizen.

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This application has not been processed, pending a Government decision on the general policy in this area following a landmark Supreme Court ruling last January.

More than 11,000 families who have sought residency here are still awaiting a decision on outstanding applications.

The Government is expected to make a decision in the coming weeks on how to handle this backlog.

In reply to the request for a re-entry visa, an immigration official said the woman was free to leave the State at any time. The letter said re-entry visas were only issued to non-nationals who had been granted permission to remain in the State.

"Your client would therefore not qualify for a re-entry visa and would have to make a visa application from outside the State to gain entry if she chooses to leave," the letter continued.

"The immigration division does not have a policy of providing letters of comfort to assist with re-entry visa applications for persons who have made residency applications for permission to remain in the State based on parentage of an Irish-born child."

The solicitors, Stewart and Co, in Dublin, replied that they were bewildered by the immigration division's "obvious change in policy".

The firm had dealt with a similar case earlier this year when another client was issued with a re-entry visa in order to leave the State to procure an abortion.

They said the decision to refuse a re-entry visa in this case "effectively prevents our client from travelling to terminate her pregnancy and continues to do so despite our best endeavours to assist the woman exercise her own right to choose".

The firm also sought counsel's advice on the issue and wrote a letter headed "extremely urgent" to the Minister for Justice a week later, on 12th June.

In this letter, they said they had been advised that the refusal to issue their client a re-entry visa constituted a breach of her Constitutional right to travel. The letter stated that if the application was again refused, they would take the matter to the courts.

The following day, the Department wrote to the firm, saying that following a "careful consideration of your client's application", it was decided "as an extremely exceptional measure" to allow a re-entry visa.

The woman has since travelled abroad to procure the abortion.

A spokesman for the Department of Justice said it was not the policy to comment on individual cases.

However, he said it was the Department's practice to give travel documents to people in emergencies, including a family death, on medical grounds or for an abortion.

Solicitor Ms Kate Wilson from Stewart and Co said it was unreasonable that it had taken two weeks to secure permission for the re-entry visa in this case, which was clearly urgent.