Irish Couple may challenge residency rights ruling

[acme4242]

Yet another example of disgraceful conduct against Irish Citizens by Justice and Equality Irish Public servants.

If this couple had been EU citizens, they would have a right to have their
dependent elderly parents stay with them.

Very similar to the John Moylan case.

http://www.irishtimes.com/newspaper/ire ... 48299.html

[quote]
Couple may challenge residency rights ruling

Fri, Jul 01, 2011

AN ELDERLY and ill South African couple have secured High Court permission to challenge a decision refusing them residency rights after their Irish citizen daughter and her husband offered to allow them live here with them.

Mr Justice Gerard Hogan said the refusal of the Minister for Justice to grant permission to Leon (72) and Margaret (68) Lemiere to reside here represented a disproportionate response to the constitutional family rights of their daughter, Desiree O’Leary.

The judge granted the couple, their daughter and son-in-law permission to bring judicial review proceedings challenging that decision.

At the heart of the case was the extent to which the relationship between adult parents and an adult child is protected by Article 41 of the Constitution which guarantees to protect the family, the judge said. This had implications for the State’s immigration policy.

Providing support for parents in advancing years is one dimension of Article 41.1.1, which describes the family as “a moral institutionâ€

[walrusgumble]

[quote="acme4242"]Yet another example of disgraceful conduct against Irish Citizens by Justice and Equality Irish Public servants.

If this couple had been EU citizens, they would have a right to have their
dependent elderly parents stay with them.

Very similar to the John Moylan case.

http://www.irishtimes.com/newspaper/ire ... 48299.html

[quote]
Couple may challenge residency rights ruling

Fri, Jul 01, 2011

AN ELDERLY and ill South African couple have secured High Court permission to challenge a decision refusing them residency rights after their Irish citizen daughter and her husband offered to allow them live here with them.

Mr Justice Gerard Hogan said the refusal of the Minister for Justice to grant permission to Leon (72) and Margaret (68) Lemiere to reside here represented a disproportionate response to the constitutional family rights of their daughter, Desiree O’Leary.

The judge granted the couple, their daughter and son-in-law permission to bring judicial review proceedings challenging that decision.

At the heart of the case was the extent to which the relationship between adult parents and an adult child is protected by Article 41 of the Constitution which guarantees to protect the family, the judge said. This had implications for the State’s immigration policy.

Providing support for parents in advancing years is one dimension of Article 41.1.1, which describes the family as “a moral institutionâ€

[acme4242]

some more information on this court case

http://brophysolicitorsimmigration.blog ... cy-of.html

[quote]

POSITIVE DECISION ON RESIDENCY RIGHTS OF PARENTS OF ADULT IRISH CITIZENS

We were very happy to obtain a (very!) positive decision from Mr Justice Hogan in respect of a case we had taken challenging the Minster for Justice’s refusal to grant permission to reside for the dependant elderly parents of an Irish citizen. The hearing was for leave to apply for Judicial Review, and the fact that this case ran for three days reflects the complexity and novel nature of the legal submissions being made.

The argument submitted by the Minister was that the no right existed for adult Irish citizens to have their dependant parents reside with them in the State, and any infringement of family rights was reasonable, proportionate and properly within the Minister’s discretion. A central point in the case thus became whether the circumstances of the Applicants, as Irish citizens applying for their dependant parents to reside with themin in the State, triggered the protections of Article 41 of the Constitution.

“1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.
2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.â€