The Supreme Court dismissed two joined appeals by non-national families seeking to remain in Ireland because their children were Irish citizens. It affirmed the High Court’s refusal of relief, ruling that a child’s citizenship and right to reside in Ireland did not give the child’s parents or siblings an automatic right to live here.
The judgment, delivered by Denham J. on 23 January 2003, concerned families whose asylum claims had been transferred to the United Kingdom under the Dublin Convention. The Minister had made deportation orders against the Czech applicants and against Andrew Osayande, a Nigerian national. The orders were not being enforced while the proceedings were pending, following undertakings by the Minister. Osayande’s wife had not been served with a deportation order.
The Osayande family’s son was born in Ireland on 4 October 2001. Kevin Lobe, son of Jana Loveova and David Lobe, was born in Ireland on 2 November 2001. Both children were Irish citizens by birth. The facts were undisputed, and the parents conceded they had no independent right to reside in Ireland apart from the arguments based on their children’s rights.
Denham J. held that the children had rights to Irish citizenship, residence, and the care and company of their parents. But those rights had to be balanced against the common good and the State’s authority to regulate immigration. The constitutional rights of the family were not absolute, and the children’s rights did not require that their family live together in Ireland. The judgment said those rights could be protected if the family lived elsewhere.
The court distinguished the earlier decision in *Fajujonu*, saying it depended on its particular facts and involved a different legislative scheme. It also noted that the Dublin Convention applied in the appeals before it.
The Supreme Court held that the Minister must assess each family’s circumstances through an appropriate inquiry conducted fairly and properly. The Minister may deport parents if satisfied, for good and sufficient reason, that the common good requires ending their residence, even if the Irish-citizen child would have to leave Ireland with the family. Relevant considerations may include time spent in the State, the Dublin Convention and preserving the integrity of the asylum and immigration systems.
The court did not determine a new standard of judicial review for such cases; that issue had not been argued on appeal. It dismissed both appeals and affirmed the High Court orders.