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Sign up to The Irish Times Archive (1859 - 2008)My Account »

Fri 07 Jul 2008ECJ ruling welcomed by immigrant groups

Immigrant groups have given a warm welcome to a ruling by Europe's highest court that spouses of EU citizens who are not themselves citizens of the union are free to live in Ireland.

Irish legislation currently requires that an EU national and their spouse must have resided together in another EU Member State before coming here.

However, the European Court of Justice ruled today that these laws are contrary to an EU Directive on freedom of movement.

The Immigrant Council of Ireland said thousands of people who were in "legal limbo" would now have much greater certainty over their future in the State.

"We're very glad to see the European Court of Justice has upheld the freedom of movement provisions in the EU Treaty in such a strong fashion," said the Immigrant Council of Ireland senior solicitor, Hilkka Becker.

"The Government's interpretation of the law has led to situations where EU nationals, who were already resident and working in Ireland, were told they could not have their spouses join them here. This effectively forced them in many cases to leave their jobs and return home," she said.

One of the four couples involved in the case expressed delight with ruling today.

Nigerian national Hencheal Ikogho (33), who has been living in Ireland for the last four years, was served with deportation orders shortly after getting engaged to UK national Donna Ikogho.

The couple, based in Killarney, Co Kerry, said they have been living on tenterhooks over recent months in anticipation of the court's ruling.

"I'm totally relieved - we had been trying to put it to the back of our minds," said Donna Ikogho. "Our future was totally up in the air. I couldn't help crying when I heard the news. I was crying, looking at my new-born son, who looks so much like his father. Now it looks like our future is so much more secure," she said.

The Department of Justice, meanwhile, declined to comment except to say that officials are studying the ruling.

Part of the reason for the Government's stance on restricting residency rights was due to concerns over "marriages of convenience".

The Immigrant Council of Ireland said that while these were legitimate concerns, it was of the view that each application should be considered on its own merits rather than introducing a blanket ban.

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