Human rights commission appears in right to private and family life cases

The Irish Human Rights and Equality Commission has appeared before the Supreme Court as an amicus curiae in two cases concerning the rights of non-Irish families who have been permitted to work and study in the State.

The central issue is whether the Minister for Justice and Equality is required to have regard to the right to private and family life, as guaranteed by the Constitution and the European Convention on Human Rights, in deciding whether to renew or vary the permission of the families concerned to be in the State.

The Commission, in its submissions, states that the Minister for Justice and Equality is obliged to consider this right in making decisions on immigration status variations under the Immigration Act 2004.

The Commission further states that the Minister’s decision, which effectively determines whether or not the applicants are entitled to remain in the State, could interfere with their right to a private and family life, and to remain part of the community and society in which they have lived for a significant period of time.

The Commission previously appeared in these proceedings before the Court of Appeal, which held in favour of the families concerned.

Emily Logan, chief commissioner of the Irish Human Rights and Equality Commission, said: “The Irish Human Rights and Equality Commission applied to appear as amicus curiae in these cases involving these two families, as they raised important issues regarding the right to private and family life of those who have been permitted to live, study and work in the State for a considerable period of time.

“The public importance of the issues raised in these cases in clarifying the rights of those who have been working, contributing and living in communities with their families, and how they are now viewed by the State is potentially significant.”