Sinéad Gibney

The case (GO v Minister for Justice) explores whether and to what extent, when deciding to deport a foreign national parent of children lawfully resident in the State, the minister for justice should expressly refer to and consider the possible infringement of constitutional rights that such a decision would entail.

In the appeal, the Supreme Court will consider whether the test applied by the High Court – that there must be a “meaningful involved relationship” between the parent and children concerned before a breach of constitutional rights would arise for consideration – accurately reflects Irish law.

The power to apply to the High Court, Court of Appeal or the Supreme Court for permission to appear as amicus curiae allows the Commission to address the court in a non-partisan role on issues concerning human rights and equality that may have wider consequences for society in general.

The commission has previously used this legal power in other important immigration cases including the cases of NHV, Luximon & Balchand, Damache, MAM and KN, MKFS, and UM v Minister for Foreign Affairs.

Sinéad Gibney, chief commissioner of the Irish Human Rights and Equality Commission, said: “We welcome the opportunity to assist the Supreme Court in relation to the human rights issues raised by this important immigration law case.

“The court’s decision will speak to the Minister’s obligation to consider the constitutional rights, and in particular the family rights, of people faced with being separated from family members lawfully resident in Ireland by deportation.”