Refugee support group Residents Against Racism has described the use by the Minister for Justice of the family unity principle to attempt to deport five Nigerian children as "sickening" and "cynical".
Group spokeswoman Rosanna Flynn was reacting to the Supreme Court decision to overturn the Minister's deportation orders in relation to five Nigerian children.
The Minister had refused an application made by the mother but had treated that application as made on behalf of the children also. The Minister had argued that, where he had refused asylum to a parent, he was entitled to deport their children in pursuit of the principle of family unity.
The Supreme Court said that the family unity principle operated in favour of dependants and not against them.
Ms Flynn welcomed the court's decision.
"I am very pleased that this has happened, but I have to say that I thought it likely this would be the decision given the advice that we are given by our lawyers in relation to these types of cases."
Ms Flynn said that solicitors working with the organisation always advised that asylum applications should be made specifically for children, rather than relying on a parent's application to cover the child.
Yesterday's judgment would give added protection to people who had not made asylum applications for their children simply because they had not received the correct legal advice, she said.
Solicitor Kevin Brophy, who has worked on many asylum cases including that of autistic Nigerian boy Great Agbonlahor, also criticised the use of the family unity principle against families.
"It shows the anti-immigrant attitude of the relevant government department that they would use the family unity principle to undermine the family."
The judgment showed a new emphasis on the rights of the child, Mr Brophy said.
