THE MINISTER for Justice did consider the family rights of three Nigerian children brought to Ireland by their father and left here, the High Court has been told.
Emily Farrell, counsel for the Minister, was replying to an application for judicial review of the Minister’s decision to deport the eldest of the three, a girl now 19, after the rejection of her asylum application.
She and her two half-brothers had been brought to Ireland by their father in 2005, aged 15, 13 and seven respectively.
The two boys were put into the care of a foster mother, through the Health Service Executive (HSE).
Her counsel had argued on Tuesday that the Minister had not taken the family rights of the two boys, who depended emotionally on their sister, into account in making his decision to deport her.
Ms Farrell, at the resumed hearing on Wednesday, said that it was stated explicitly by the Minister that he considered the fact that the applicant had two brothers in the country, and her family rights, in making his decision.
Ms Justice Maureen Clark asked Ms Farrell if the Minister had received updating information asking that the whole family be dealt with together, and Ms Farrell said no. She added that she understood the older of the two brothers, now 18, had applied for asylum but she was not in a position to say what stage that was at.
It was not feasible for the Minister to wait until the younger brother (now 11) applied for asylum before deporting the sister.
Ms Farrell said she did not think the Minister normally deported unaccompanied minors.
Referring to the relevant case law, she said there seemed to be a distinction between a family and family life under Article 8 of the European Convention on Human Rights (relating to family rights).
The three were clearly a family, but it did not have family rights under Article 8.
The brothers were in the care of the HSE, not their sister, she said, though she did have an involvement with them.
“Effectively, the father brought them to Ireland and left them here,” she said. “In her initial asylum application, the applicant said clearly their father thought they would get a better education here and that is why they were brought to Ireland.”
Ms Farrell said that the period in which all three had lived together was extremely short – three months – and until they came to England (shortly before coming to Ireland) they had not lived together.
She said there was no legal obstacle to the applicant living in Nigeria.
She submitted that it was in the best interests of the younger children to travel to Nigeria with their sister. The Minister also had a duty to apply the Immigration Act, and he could only be found to breach Article 8 of the European Convention on Human Rights if he did not observe proportionality in making his decision.
Ms Farrell said it was relevant that the two boys, whose rights were being invoked, did not make representations to the court.
Rosario Boyle SC, for the applicant, said that the Minister should have taken account of the family unit as a whole.
The absence of the brothers as co-applicants was not relevant to the law.
She said the UN Convention on the Rights of the Child also stressed continuity of a child’s upbringing, and that siblings should be kept together as far as possible.
Judgment was reserved.