THE NIGERIAN parents of two Irish-born children are likely to remain in Ireland after the Supreme Court unanimously rejected an attempt by the Minister for Justice to uphold deportation orders issued against them.
The judgment could potentially benefit thousands of resident foreign nationals if they were to be threatened with deportation.
The five-judge court ruled the Minister had failed to give "substantial" reasons for the decision to deport the parents of George Dimbo (11) and the parents of Chuka Paul Oguekwe (4), who were born here before January 1st, 2005, after which new laws on citizenship were enacted.
He also failed to consider the children's rights under the Constitution and the European Convention on Human Rights, including their right to family life. The judgment could lead to further cases and means the Minister may be obliged to consider these rights if he decided to deport any of the thousands of parents who were allowed to remain in Ireland under the Irish-Born Child Scheme in 2005.
The proceedings arose from the introduction of that scheme, which invited applications by foreign parents who had a child born in the State before 2005. The scheme, which processed 16,000 successful claims, followed the introduction of laws on citizenship after the Supreme Court ruled a foreign parent of an Irish-born child has no automatic entitlement to remain.
The Dimbo and Oguekwe families had been issued with deportation orders before making their unsuccessful applications under the scheme. These orders will now be quashed and they will be invited to make representations to the Minister as to why they should be allowed to remain. Solicitors for both families are now confident they will be granted residence.
George Dimbo's mother, Ifedinma, said she was relieved that the long-running case had come to an end. "It's something that has been going on for so long that at this stage we had lost hope. It's a good feeling," she said. "It's a day you dream about. Thank God it's over."
A former graduate student in Cork, Ms Dimbo first came to Ireland in 1995 after working as a bank manager in Lagos. She has written a novel about the experience of an asylum seeker in Ireland. The family share one room in a hostel in Dublin.
The Immigrant Council said it was reassured by the judgment, but raised concern that the Immigration Bill would permit the deportation of those who were here unlawfully, without any consideration of exceptional circumstances, "even when this involves the rights of their Irish national children or spouses".