The Irish Human Rights and Equality Commission has welcomed two judgments delivered yesterday by the Court of Appeal, which may have significant implications for non- European Economic Area (EEA) nationals who came to Ireland as students prior to 2011.
The people directly affected by this ruling include those who have been working and contributing in Ireland, who have established a family life within the State, and who now wish to continue living and working here.
The Irish Human Rights and Equality Commission appeared before the Court of Appeal as an amicus curiae (friend of the court) in the related cases of Balchand v Minister for Justice and Equality and Luximon v Minister for Justice and Equality.
In these judgments the Court of Appeal held that the Minister for Justice and Equality, in deciding whether to renew the applicants’ permission to be in the State, was required to consider their right to private and family life under the Constitution and the European Convention on Human Rights.
The applications were made by two families from Mauritius who arrived in the State at a time when they originally did not require a visa, and who had subsequently been granted permission to remain in the State.
The Court of Appeal noted specifically in relation to the Commission’s work as amicus curiae that “helpful submissions were made both in writing and orally on the primary issues in both appeals in respect of which the High Court judges had reached differing conclusions.”
The Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as amicus curiae before the superior courts in proceedings that involve or are concerned with the human rights or equality rights of any persons.
Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“The Irish Human Rights and Equality Commission applied to appear as amicus curiae in these significant cases as they raised important issues regarding the rights to private and family life of those who have been permitted to live, study and work in the State.
“These rulings are significant in clarifying the rights of those who have been working, contributing and living in communities with their families, and how they are now viewed by the State.”
ENDS/
For further information, please contact:
Brian Dawson, IHREC Communications Manager,
01 8589601 / 087 0697095
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Notes to editor:
The Irish Human Rights and Equality Commission’s functions under the Irish Human Rights and Equality Commission Act 2014 include that of applying for liberty to appear as 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 persons.
The Commission appeared as amicus curiae in both the Luximon and Balchand cases and the full submissions made by the Commission are available at the link below:
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission was set up on 1 November 2014 as an independent public body to protect and promote human rights and equality in Ireland.
The functions of the Commission under the Irish Human Rights and Equality Commission Act 2014 are:
- to protect and promote human rights and equality,
- to encourage the development of a culture of respect for human rights, equality, and intercultural understanding in the State,
- to promote understanding and awareness of the importance of human rights and equality in the State,
- to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person, and
- to work towards the elimination of human rights abuses, discrimination and prohibited conduct.
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.