Irish Immigration Law update: Guidelines for migrant victims of domestic abuse updated; High Court and Supreme Court updates

PILA Bulletin: 17 October 2012

The Irish Naturalisation and Immigration Service (INIS) have updated their guidelines for migrant victims of domestic abuse. The revised guidelines no longer require the parties to be living apart in order to apply for independent immigration status.
 
Nasc, as part of the Domestic Violence Coalition had opposed the original requirement and welcome
the updated guidelines. Click here to view a Nasc press release.
 
You can view the updated guidelines here.
 
In other Irish immigration news, Judge Hogan in the High Court case E A v. Minister for Justice, granted an interlocutory injunction restraining the deportation of a Nigerian national because of his child’s constitutional right to the care and comfort of his parents under Article 42.1.
 
The child’s mother has refugee status within the state and cannot be expected to return or even visit
Nigeria. In light of this, the Zambrano test did not apply since the applicant father’s deportation would not result in the child leaving the territory of the European Union. Click here to read a previous bulletin article on the Zambrano criteria.
 

In a judgment delivered on 16 November, the Irish Supreme Court, in Okunade v Minister for Justice, overturned a High Court ruling refusing injunctions restraining deportation of a Nigerian mother and her Irish-born son. The Court held that the possibility of disruption to the family life of the child warranted the injunction.  Click here to read an Irish Times Article. 

Click here to read the full judgment. 

 

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