The recent Irish High Court case of D (a minor) v Refugee Appeals Tribunal & Anor concerns a Serbian national whose parents are of Ashkali ethnicity (regarded as Roma in Serbia). The application for asylum was initially refused. The applicant appealed on the basis that he would suffer persecution on returning to Serbia and be prevented from receiving a 'basic education.' Country of origin information presented to the court showed that Ashkali and Roma communities are often discriminated against in Serbia.
Justice Hogan agreed with the Refugee Appeal Tribunal's comment that "not all infringements of even basic civil liberties or even acts of discrimination will amount to persecution within the meaning of s 2 of the Refugee Act 1996". He said that "something in the nature of systematic and pervasive infringements of a basic human right is generally required".
The Court noted that the right to basic education is widely regarded as fundamental - in Article 42 of the Irish Constitution, Article 2 of the First Protocol of the European Convention on Human Rights and Article 14 of the EU Charter of Fundamental Rights. It is also reflected in international agreements, such as in Article 28 of the UN Convention on the Rights of the Child. Justice Hogan said that denial of the right to education can mean that many other human rights are likely to be beyond reach.
The Court found that although the applicant's situation was outside "the classic types of persecution envisaged by the Geneva Convention involving violence and threats of violence", it was impossible to avoid the conclusion that "denial of even basic education amounts to a severe violation of basic human rights". Justice Hogan therefore concluded that what the applicant would face in Serbia would amount to persecution within the meaning of the Refugee Act, and quashed the Tribunal's decision.
Click here to see the judgment in full.
Meanwhile, the Immigrant Council of Ireland (ICI) have said that 50,000 people sought information from them on issues last year. Most queries related to residency rights for parents of Irish citizen children. There was increase in the number of queries relating to this area of law following the judgment in the Zambrano case, where the court held that the third country national of an EU citizen child has "a right to reside within the EU member state and to be granted a work permit."
Other queries related to renewal of status, work permits, family reunification, visitor visas and long-term residency. Denise Charlton, CEO of the ICI commented: "In recent years, because of the recession, there has been a perception in Ireland that migrants are 'going home,' but our statistics show that demand for information about migrants' rights and entitlements remains strong, and we know through our ongoing contact with migrants throughout the country - that many of them have made Ireland their permanent home."
Click here to see a press release from the Immigrant Council of Ireland.