Supreme Court set to rule on ‘baby loophole’

THE Supreme Court will this morning deliver a landmark ruling which could see Irish-born children forced out of the country or left behind if their parents are deported.

This morning’s ruling follows a High Court decision last year in which two families, from the Czech Republic and Nigeria, lost their challenges against deportation. The parents had argued that they were entitled to remain in the State because their children were born here.

The High Court found that the State was entitled to deport the parents even if that meant an Irish citizen would be forcefully removed from the State or left parentless.

Under the Constitution everyone born in Ireland is entitled to claim Irish citizenship. This right was first tested in the 1990 Supreme Court Fajujonu case and further copperfastened by constitutional changes made as a result of the Good Friday Agreement.

Through today’s ruling the State seeks to close what has become widely known as the “baby loophole”.

Last year 4,027 non-EU citizens were granted residency on the basis of being parents of children born here, although half of that number were immigrants other than asylum seekers.

However, the Government’s attempts to crack down on the number of people claiming the right to reside here through the baby rule has been criticised by numerous human rights and refugee organisations.

The Children’s Rights Alliance, Amnesty International, the Irish Council for Civil Liberties and Residents Against Racism all say a decision in favour of the Government today would have severe consequences for thousands of people.

Rosanna Flynn of Residents Against Racism said the implications were very wide. “There is a lot of extreme nervousness among refugees and asylum seekers If they create a class of Irish-born children who are designated as second class citizens there will have to be questions asked about the kind of country we live in,” she said.

Irish Refugee Council policy officer, James Stapelton pointed out that if the ruling goes against the Government the law would stay the same and a referendum would then be required.