Sinéad Gibney

The Irish Human Rights and Equality Commission had been joined to the case of O v The Minister for Justice and Equality in its amicus curiae function.

The case involved a non-national man, the father of children lawfully resident in the State, who is subject to a deportation order. Together, the family asserted that the minister for justice has a duty to consider the Constitutional rights of the father when making such an order and of his children to his care and company.

The question as to what extent non-citizens could rely on Constitutional rights when subject to deportation was central to the case.

In its role as amicus curiae, the Commission submitted that the fundamental rights guaranteed under the Constitution are based on the essential humanity of all people and can be relied on by all citizens and non-citizens when they are within the jurisdiction of the State or subject to its powers.

It further asserted this position as being recognised both in domestic case law and consistent with the State’s binding obligations under international law.

In its ruling, the Supreme Court referred to the Commission’s “helpful submissions”. The court concluded that the applicant father had not established that he had a meaningful relationship with his children such as would give rise to an impermissible interference with his and/or their rights in the even that he was deported.

In delivering the court’s judgment, Chief Justice O’Donnell said:

Sinéad Gibney, chief commissioner of the Irish Human Rights and Equality Commission, said: “This case involved the fundamental rights of non-citizens including a family with young children. Any deportation that affects or even potentially affects the private and family rights of children should be carefully considered and proportionate.

“We thank the court for the opportunity to assist it with our submissions about the rights of this non-citizen family and we will study the ruling closely.”