The grandparents of a Polish family living in Ireland have been refused leave by the High Court to challenge a decision to deport them.
Mr Justice Smyth found there were no substantial grounds for the couple, who are of Roma origin, to challenge the deportation order. He rejected a submission that as grandparents of a child born to their son in Ireland and living here with him and their and daughter-in-law, Jreneusz Olenczuk (47) and Wiestawa Olenczuk (49) were entitled to refugee status in the State as part of that family.
The Olenczuks have been in Ireland since 1999. They live with their son and daughter-in-law and two grandchildren in Mulhuddart, Co Dublin. One of the grandchildren was born 45 days after the mother's arrival here and is an Irish citizen. The grandparents claimed that the Minister for Justice, in deciding to deport them, failed to have regard to their ages, the length of time they were in Ireland, their family and domestic circumstances.
Mr Justice Smyth in a reserved judgment said it was argued the Minister had an obligation under the Immigration Act 1999, in determining deportation orders, to have regard to "the family and domestic circumstances of the person".
He said it was sought to rely on the Irish text of the Constitution where the word "Teaghlach" had a range of meanings including household family, ethnic family or group. He reviewed a number of court decisions in relation to the description of "family" and held that the Minister in this case was correct in his interpretation of the statutory provisions.