In the recent decision of Sivsivadze v Minister for Justice, the High Court held that the Minister’s power to grant deportation orders was not incompatible with rights to family life or marriage enshrined in the Constitution and the European Convention on Human Rights.
The applicants sought a declaration that the sections of the Immigration Act 1999 giving power to the Minister to deport (section 3(1) and 3(11)) were invalid having regard to the provisions of the Constitution. They also sought a declaration, if necessary, that those sections of the Immigration Act are incompatible with the State’s obligations under the ECHR. The applicants sought these declarations on the grounds that the indefinite, potentially lifelong, duration of expulsion is disproportionate and the legislature has failed to establish any principles and policies regarding the exercise of the power to revoke a deportation order under the Act. Among other submissions, the respondents argued that constitutional rights are not absolute and that the challenged provision of the Act enjoys the presumption of constitutionality.
Judge Kearns P held that the constitutional question must be assessed under the test of proportionality laid down in the case of Heaney v Ireland. This three-pronged test says that restrictions to rights are permitted by the Constitution where such restrictions are (1) rationally connected to the objective and not arbitrary, unfair or based on irrational considerations, (2) they impair the right as little as possible and (3) they are such that their effects on rights are proportional to the objective. Judge Kearns P held that the restrictions at issue in this case passed the test of proportionality and the constitutional challenge must fail. The court further held that the provisions were not incompatible with the European Convention on Human Rights.
Click here to read the full judgment.
Meanwhile, the Immigration Council of Ireland has said that racist bullying of migrant children is ignored in Ireland and has called on the Government to tackle racism and xenophobia “as a national priority” through education and awareness-raising campaigns. This follows its findings that “recent research in north inner-city Dublin has highlighted that migrant-origin boys experience both overt and covert forms of racial bullying. A high prevalence of racist name calling and physical violence was also recorded”. The ICI further stated that there is a “reluctance by adults and authorities” to deal with the problem.
Click here to read an article on the issue the Irish Independent.
BBC News has reported that the UK Border Agency has no “clear strategy” for dealing with a group of more than 150,000 foreign nationals, mainly foreign students, staying on after their visas expire. The Borders and Immigration inspector’s report stated that immigration officers do not know how many of the individuals ordered to leave the state had actually left. The inspector stated that, “I…saw no evidence that there is a clear plan in place for the Agency to deal with this stream of work to ensure this does not become another backlog…I believe it can and must do more to demonstrate it is dealing with this issue in a more proactive manner”.