The High Court is hearing two cases to determine if children born here to non-nationals are entitled to have their parents and siblings remain with them in Ireland.
The outcome of the cases, which are being heard simultaneously by Mr Justice Smyth, is expected to have far-reaching implications for hundreds of non-nationals who are seeking to remain in Ireland on the grounds of having an Irish-born child.
The first case involves a family of six, including a baby boy born in the State in November 2001, from the Czech Republic, while the second involves a Nigerian man whose baby son was born here in October 2001. In both cases, applications for asylum were refused by the UK authorities and then the applicants came here last year. The wives of both men were pregnant when they arrived.
The Czech family, who arrived in Ireland in March 2001, are resisting deportation orders made in September 2001 against the parents and their three non-Irish children.
The Nigerian man arrived in May 2001 and is resisting an order for his deportation, made in September 2001.
The man's wife and daughter, who are both non-nationals, have applied for asylum here but their applications have yet to be determined.
In both cases, the applicants claim the constitutional rights of their Irish-born children to the care, company and parentage of their parents may only be vindicated by having their families remain with them in Ireland.
They also contend the protection afforded to the family unit by the Constitution requires the State to vindicate their Irish-born children's rights through having their families remain here.
The applicants in both cases have made a choice of residency here on behalf of their Irish-born children.
The applicants are also contending that the deportation orders were not made in accordance with the provisions of the Dublin Convention.
Opposing the applications, the Minister for Justice, Equality and Law Reform contends the orders were lawfully made and that the proposed deportations do not breach the constitutional rights of the Irish-born children.
He denies that the Irish-born children are entitled to the company, care and parentage within Ireland of their parents or that the children are entitled to remain as members of their family unit within the State.
The Minister argues the interests of the common good and/or the international obligations of the State outweigh any entitlement (the existence of which is denied) of the children to the company, care and parentage within Ireland of their parents.
In making the deportation orders, the Minister denies he failed to have due regard to the constitutional rights of the Irish-born children or to the rights of the applicants as a family under the Constitution.
He argues the entitlement to reside here of the boy born here to the Czech parents is subject to the parents' constitutional duty to care for their son.
The Minister argues it is the duty of the parents to remove the child from the State.
The hearing continues today.
