Deported parents leave with 22 Irish children

TWENTY-TWO Irish children have left Ireland with their deported parents since a landmark Supreme Court judgement last year and more than 400 orders to leave have been served.

However, thousands of non-national parents and their Irish-born children remain in legal limbo, not having been served with deportation orders and, therefore, not given the opportunity to apply for leave to remain on humanitarian grounds.

Of the 28 people who left on a chartered flight to Nigeria late on Wednesday night, three were Irish-born children. Figures obtained by the Irish Examiner reveal a further 19 left the country with their deported parents since the L&O judgment earlier last year.

Latest figures from the Department of Justice reveal just 15 people were allowed to remain in Ireland on humanitarian grounds in the first six months of this year.

It is not known how many allowed to remain on these grounds are parents of Irish-born children, but anecdotal evidence gathered from various groups working with immigrants suggest it’s only a handful, if any. Justice Minister Michael McDowell, at the time of the L&O judgment last February, said each of the estimated 11,000 cases would be looked at on an individual basis. Of those 11,000, some will have left voluntarily, some have gone underground, while a small number are thought to have re-applied for asylum. Others, though only a handful, are covered by the accession of the new EU countries.

The L&O judgement found that parents of Irish-born children had no automatic right to residency here and could be deported. A referendum passed in June gave power to the legislature to decide on who qualifies for citizenship.

Eleanor Edmund, of the Free Legal Advice Centres and spokeswoman for the Coalition against the Deportation of Irish Children, said: “Since the Supreme Court judgment, humanitarian leave to remain is not being granted.”

Her campaign group has written to the minister on behalf of some of the thousands who have no idea of their futures. The group fears there will be an appreciable rise in deportations of parents of Irish-born children without any policy announcement from the Government. Those affected are parents of children born from November 2001 who dropped asylum applications after the birth but whose application for residency had not been processed by the time of the Supreme Court judgment.

After being sent notices of deportation, the parents can apply for residency on humanitarian grounds. Only 413 have been sent notices.

The Department of Justice claims not to have figures for parents of Irish children who have been given leave to remain on humanitarian grounds. Just over 100 appeals to remain on humanitarian grounds have been granted since the start of 2003.

Various factors are taken in to account, the age, duration of stay, family circumstances, connection with the State, employment, the person’s character, general humanitarian grounds, the common good and national security.

From January 2003 to August 17, 2004, 413 deportation orders were issued to parents of Irish-born children. In the same period, 26 parents have been deported and 19 Irish children went with them.

Itayi Viriri, policy officer, Irish Refugee Council (IRC), said the number allowed to remain on humanitarian grounds is among the lowest in Europe and the Government acknowledged this at EU level.

The numbers have decreased dramatically, from 159 in 2002 to just 15 in six months to June this year.

“The Irish Government does acknowledge the numbers are low. But it does not offer, or has not legislated for, a separate procedure for those who otherwise might not meet the criteria of the convention on refugees.”

A person can apply for refugee status only if he or she can prove persecution at the hands of a state agency.

“In the UK there is a discretionary leave to remain and quite substantial numbers are allowed to do so under this. It’s the same across the EU.”

The IRC said there was a panic within some sections of the immigrant community as many have received no communication from the State. Mr Iriri said the IRC has not come across any case where the parents of an Irish-born child have been given leave to remain on humanitarian grounds.

Mercy Rogers, Association of Refugees and Asylum Seekers in Ireland, said that many of those who had children here withdrew their application for asylum.