MORE THAN 1,000 people have applied for residency in the State on the basis that they have an Irish citizen child following a landmark judgment recently issued by Europe’s highest court.
Immigration authorities have made decisions in 135 cases, with permission to remain in the State granted in all cases.
A thorough review will be undertaken in the remaining 800-plus cases before decisions can be taken, the Department of Justice has said. Most of the applicants for residency are asylum seekers or immigrants, with no documented immigration history in the State.
In March, the European Court of Justice ruled the non-EU parents of an EU citizen child must be allowed to live and work in that EU state. The case arose in relation to two Colombian nationals, Ruiz Zambrano and his wife, who were refused asylum in Belgium. While awaiting a decision on their application, the woman gave birth to two children who acquired Belgian nationality.
Following the ruling, which is binding on all EU member states, Minister for Justice Alan Shatter, announced a review of Government policy, which had previously been to deport parents found to be illegally in the State, who had Irish citizen children.
At least 20 Irish citizen children have left the State in the company of parents deported since 2005.
The Department of Justice said yesterday 1,057 cases were being considered in relation to the “Zambrano” judgment.
It said this figure does not include a further 140 cases where people have taken judicial review cases in the High Court to avoid deportation.
Mr Shatter has said he is prepared to consider the cases where Irish citizen children left the State on foot of a deportation order. In such instances they must apply to the Irish embassy or consulate in their country. They will be required to produce documentation and may have to provide DNA evidence before a visa to entry the State can be issued.
The department has assigned nine staff to work related to the Zambrano judgment. It says most applicants can expect a decision on their case in weeks.