The High Court will this morning resume hearing two landmark cases of asylum seekers who have children born in Ireland but have been refused the right to apply for asylum.
A Czech couple and a Nigerian man with children born in the State are challenging a decision to deport them made by the Minister for Justice, Mr O’Donoghue.
Both children were automatically granted Irish citizenship. Counsel for the parents told the court yesterday that to deport them contravened of Article 41 of the Constitution relating to protection of the family by the State.
The Minister is tryng to row back on a 1990 Supreme Court decision to grant residency to the parents of a child born in Ireland in the Fajujonu case, the court heard.
The outcome of the cases will have implications for hundreds of other parents whose claims for refugee status are being processed or have failed.