Commission’s Amicus Curiae Legal Submissions Published
The Irish Human Rights and Equality Commission (the ‘Commission’) has appeared before the Supreme Court in exercise of its amicus curiae (‘friend of the court’) function in the case of Middelkamp v. Minister for Justice and Equality.
The case focuses on Ms Middelkamp, a Canadian national, who came to the State to be with her husband who was present on foot of a student permission to study dentistry in UCC. Ms. Middelkamp entered the State on a working holiday visa, which entitled her to reside in the State for a maximum of two years without possibility of renewal.
Because her permission was due to expire before her husband had completed his dentistry course, Ms Middelkamp applied for permission to remain in the State on a Stamp 4 permission, which would allow her to work. The Minister refused.
In written submissions presented to the Supreme Court and published today, the Commission examines the duty on the Minister to consider Ms Middelkamp’s fundamental rights when making a decision under s.4(7) of the Immigration Act 2004.
The Commission’s legal submissions discusses first, whether protections under the European Convention on Human Rights (ECHR) and secondly the Irish Constitution confer an obligation on the Minister to consider private and family life rights in immigration decision-making.
The Commission’s submissions conclude that the Minister is obliged to consider fundamental rights as guaranteed under the Constitution and the European Convention on Human Rights and that the appeal should be dismissed.
Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“This case before the Supreme Court raises significant questions on the rights of non-EU nationals temporarily resident in the State and decision-making on immigration permissions.”
ENDS/
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Editor’s Note
The Commission’s written submissions to the Court of Criminal Appeal in the proceedings are available at the following link:
https://www.ihrec.ie/documents/middlekamp-and-minister-for-justice/
The amicus curiae function of the Irish Human Rights and Equality Commission.
The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as an amicus curiae (friend of the court) before the superior courts in proceedings that involve, or are concerned with, the human rights or equality rights of any person.
Section 10 of the Irish Human Rights and Equality Commission Act sets out the functions of the Commission and Section 10(2)(e) provides that the IHREC shall have a function:
“to apply to the High Court or the Supreme Court for liberty to appear before the High Court or the Supreme Court, as the case may be, as amicus curiae in proceedings before that Court that involve or are concerned with the human rights or equality rights of any person and to appear as such an amicus curiae on foot of such liberty being granted (which liberty each of the said courts is hereby empowered to grant in its absolute discretion).”
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.