The fate of hundreds of failed asylum-seekers who are seeking to remain in Ireland because their children are Irish citizens remains on hold pending the outcome of a Supreme Court hearing expected in the coming months.
The High Court yesterday opened the way for an appeal to the Supreme Court against its decision earlier this week to uphold a deportation order against a Nigerian man and a Czech family with children born here.
In that ruling last Monday the High Court held that the immigrant parents of Irish-born children were not automatically entitled to live in the State.
Mr Justice Smyth in his judgment upheld a decision by the Minister for Justice, Mr O'Donoghue, to issue deportation orders against the Czech family and Nigerian man.
Mr Justice Smyth returned to court yesterday to deal with the issue of an appeal in both the cases, which he had heard together.
He certified that the cases involved a point of law of "exceptional public importance" which made it desirable in the public interest for them to be appealed.
This certification is necessary under the Illegal Immigrants (Trafficking) Act, 2000, before an appeal can be taken. Lawyers for the migrant families now have three weeks to lodge their appeal to the Supreme Court, which they have indicated they intend to do.
Mr Justice Smyth did not yesterday extend a stay which he had placed on the deportation orders against the non-nationals last Monday.
However, counsel for the State indicated that the authorities were not likely to take any action to remove the failed asylum-seekers pending the outcome of the appeal.
The Supreme Court decision in this case could affect the futures of hundreds of other failed asylum-seekers applying for residency on the basis that their Irish-born children are entitled as citizens to be cared for by their parents in the State.
If the Supreme Court upholds the High Court decision in the two cases, the non-nationals would face deportation and the prospect of the authorities attempting to require them to take their Irish-born children with them.
About 6,000 non-EU nationals last year applied for residency in Ireland on the basis that they were the parents of Irish-born children.
Members of the campaigning group, Residents Against Racism, staged a protest outside the High Court yesterday in advance of the brief hearing.