Notices of intent to deport sent to 120 married non-EU nationals

More than 100 married couples face separation after the Government warned non European spouses they have no right to remain in Ireland, it emerged today.

The Department of Justice confirmed 120 notices of intent to deport have been posted to men or women from outside the EU who married Irish or European citizens.

Thousands more are at risk of deportation.

The immigration crackdown followed a High Court ruling in June which gave the Government the right to insist that non EU spouses must live legally in another member state before moving to Ireland.

Although the case is currently being challenged in the Supreme Court, the section 3 letter warns the 120 people they have the option to leave voluntarily, to agree to be deported, or to make representations to stay in Ireland temporarily within the next 15 days.

The Justice Department stressed only foreign nationals who entered the country illegally were issued with the notice, adding that none have yet been deported.

Solicitor Derek Stewart, who is taking the case, said those affected can be left in a legal limbo and are unable to work or travel.

The Immigrant Council of Ireland (ICI) maintains 750 people have made contact with its office since the beginning of the year claiming to be affected by the decision.

“This is the biggest single issue we are dealing with at the moment,” said an ICI spokeswoman.

“The vast majority of people who have come to us have been here legally and denied residency.”

The European Commission also confirmed that Brussels has also received a huge number of complaints from non-Irish nationals living in the state affected by the ruling.

Labour’s Justice Spokesman Brendan Howlin said the letters have caused huge fears for families long resident in this country.

“It is my understanding that foreign embassies have been inundated with calls from their citizens,” he said.

“There is a clear requirement for an immediate statement of policy by the Minister for Justice so that families in this country know exactly what their status is and can plan for their future.

“The current uncertainty is unacceptable and inhumane and must be speedily brought to an end.”

A Department of Justice spokeswoman said since the affirmation of the directive in the High Court, 76 of the 120 cases were issued with notices of intention.

In the same time, the Irish Naturalisation and Immigration Service (INIS) approved and issued 251 residence certificates to non-EEA national spouses who meet the requirements of the Regulations.

Meanwhile, 279 non-EEA applicants who legally entered the state on a visa were refused residence certificates because they could not provide evidence of having been lawfully resident in another Member State prior to coming here.

She said those people concerned can contact immigration officials to renew their original permission to remain.

A small number of applicants are also awaiting decisions.

“In the case of non-EEA national spouses who entered the Irish State illegally and applied for EU Treaty Rights, they are unlawfully present here,” the spokeswoman continued.

“Notices of intention to deport either have or will issue in cases considered in the last two months with a view to their removal from the state.

“As part of the removal process these individuals are entitled to make representations to the Minister for Justice Equality and Law Reform as to why they should be allowed to remain in the state.

“Following an unsuccessful consideration of such an application the applicant may be made subject to a deportation order.”

She added that as the High Court judgement was subject to appeal, no further comment could be made.

Labour's Brenda Howlin is deeply concerned at the notics of intent to deport and calls for the Minister for Justice Brian Lenihan to make a call statement on what exactly the position is.