Madam, - FLAC (Free Legal Advice Centres) notes with deep dismay that the Minister for Justice, Equality and Law Reform has issued 400 deportation notices to the parents of Irish citizens without making any corresponding provision for legal assistance in relation to applications for leave to remain on humanitarian grounds.
The effect of the Minister's action is that over 400 Irish children face deportation from their country. There is no dispute over the fact that, as Irish citizens, they are entitled to reside in the State. However, that right is of little practical use to a six-month old Irish citizen whose non-national parents do not have the right to remain with their child.
The Refugee Legal Service provides representation in asylum appeals and may deal with humanitarian leave to remain in the context of such cases.
However many of the families involved may have previously withdrawn asylum applications in the belief, correct up until January of this year, that they would be granted the right to remain based on their parentage of an Irish-born child. It appears that such families will not be eligible for legal aid.
These families have been given 15 working days to present a detailed argument as to why they should be allowed to remain, but in the majority of cases will be unable to access legal assistance in doing so, as no legal aid is provided and the legal fees involved are likely to be prohibitive.
The decision as to whether to allow the family of an Irish-born child to remain in the State is at the discretion of the Minister for Justice, Equality and Law Reform.
In order to ensure that he has the full facts and relevant considerations at his disposal, we are calling on the Minister to urgently review the situation to ensure that State-funded legal advice will be available on an emergency basis to such families. - Yours etc.,
ELEANOR EDMOND, Free Legal Advice Centres, Lr. Dorset Street, Dublin 1.