The family of an American student who faces deportation unless she removes her four-year-old son from a national school in Galway may soon initiate legal proceedings against the State.
Erin Britton, a postgraduate student at NUI Galway, was told by immigration officials last month that her student visa would not be renewed unless she withdrew her son from the national school he has been attending since September.
The Irish Times understands that this follows a decision taken in recent months to begin a crackdown on student visa holders who enrol their children in State schools. The decision, which will affect significant numbers of students, is informed by a belief that an increasing number of foreign students are coming to Ireland to have their children educated, according to a Government source. It is also motivated by a determination to avoid a repeat of the crisis that arose over a shortage of school places in north Dublin last September.
Yesterday, the Immigrant Council of Ireland (ICI) said immigration law was silent on the issue of foreign students' children being able to attend State schools and that the situation illustrated the need for the Government to spell out the law.
The apparent change hinges on an interpretation of a regulation stipulating that foreign students are expected to be self-sufficient during their stay in Ireland. "This change has not been announced or published, so the first people are hearing about it is when they arrive in Ireland, or, in the case of people already residing here, when they try to renew their permission to stay in the country," said Hilkka Becker, the ICI's senior solicitor.
"We believe it is fundamentally unfair to shift the goalposts in this way, particularly without telling people."
Ms Becker also confirmed that the Britton family, whom she represents, were considering seeking leave for a judicial review in relation to the issue.
Following complaints, the Government last week announced that it would relax the implementation of the rules until the end of the current school year. However, Éamon Ó Cuív, speaking on behalf of the Minister for Justice, told the Dáil that this exemption would be on a "strictly limited basis".
The Department of Education said that students up to 18 years of age are admitted to schools irrespective of their nationality or status. A spokesman said student visas are subject to conditions relating to financial independence and access to State-funded services. Labour's Michael D Higgins said the exclusion of children from State schools was in "flagrant violation" of the constitutional right to free primary education.