Commission appears before Supreme Court and publishes its legal submissions
The Irish Human Rights and Equality Commission recently appeared before the Supreme Court as amicus curiae (or ‘friend of the court’) in a case concerned with the extent to which non-citizens may rely on fundamental rights guaranteed in the Constitution when subject to deportation orders.
O v. Minister for Justice and Equality concerns a decision by the Minister for Justice to deport a foreign national who is the father of children lawfully resident in Ireland. In these proceedings, a question arose as to the extent to which he could rely on the constitutional family rights to challenge a deportation order issued against him, and the extent to which the children could rely on their constitutional right to his care and company. The family asserted that there was a duty on the Minister for Justice to consider these constitutional rights when making a deportation order under the Immigration Act 1999.
In its role as amicus curiae, the Commission sought to assist the Court in relation to the human rights issues arising, in particular the extent to which non-citizens can rely on fundamental rights protected by the Constitution. The Commission submitted that, when making an immigration decision that could affect such fundamental rights, there was a duty on the Minister to expressly consider the rights as part of her decision.
The Supreme Court heard submissions from all parties regarding the constitutional rights of citizens and non-citizens, and the situation of non-citizen children affected by immigration decisions. The Court reserved its judgment.
Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“We are grateful to Supreme Court for the opportunity to assist them in this critical case, which raises important issues in relation to the rights of non-Irish citizens to rely on constitutional family rights in the context of deportation.”
ENDS/
For further information, please contact:
Sarah Clarkin, IHREC Communications Manager,
01 852 9641 / 087 468 7760
sarah.clarkin@ihrec.ie
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Editor’s Note
The function of amicus curiae is an important legal power of the Commission. It allows us to address the court in a non-partisan role on issues concerning human rights and equality that have wider consequences for society in general. Recently, we have used this power to assist the courts on various human rights and equality issues in the public interest, including on the right to a fair trial, immigration, the use of search warrants and anti-social behaviour orders.
You can read our Legal Submissions on this case by clicking the link below
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.