Flaws in the argument of no vote leader

WOULD take issue with Michael D Higgins’ assertion (Irish Examiner, June 7) that “the non-national parents of Irish-born children no longer have the right to live here on the basis of their child’s Irish citizenship”.

Flaws in the argument of no vote leader

This statement is ambiguous and misleading. The Supreme Court case in question is L and O v Minister for Justice. The case changed the previous position, whereby an automatic entitlement to residency was a constitutional imperative.

It decides that, as Irish citizens, no child born to non-national parents in Ireland, can be deported, and that such a child citizen has rights of residency, that Irish child citizens have the constitutionally-protected right to the company of their parents and therefore that there is a prima facie case flowing from this for the family to reside in the State with their child; that, however, such a child's family rights are not absolute.

Already a subscriber? Sign in

You have reached your article limit.

Subscribe to access all of the Irish Examiner.

Annual €130 €80

Best value

Monthly €12€6 / month

More in this section

Revoiced

Newsletter

Sign up to the best reads of the week from irishexaminer.com selected just for you.

Cookie Policy Privacy Policy Brand Safety FAQ Help Contact Us Terms and Conditions

© Examiner Echo Group Limited