Some 45 parents of Irish-born children who were issued with deportation orders have had them revoked by the Minister for Justice, Metro Éireann has learned.
According to the Department of Justice, the revocations of orders issued for various immigration offences were for reasons related to the recent European Court of Justice judgment, also known as Zambrano, which forbids EU member states from refusing permission for non-EEA citizens whose minor children are EU nationals to live in the children’s state of nationality and residence.
Those whose deportation orders were quashed have now been granted permission to live and work in the State as stipulated by the judgement.
The Department of Justice explained to Metro Éireann: “Where a person served with a deportation order submits an application to have that order revoked, on the basis that the Zambrano judgment may have an impact on their case, where that application is successful, and there is no serious or persistent criminal activity associated with the case, the deportation order will be revoked and permission to remain in the State granted.”
Justice said its records show “that as of 5 July 2011, 45 deportation orders had been revoked for reasons associated with the Zambrano Judgment”.
The department has also “identified approximately 1,100 cases where the Zambrano judgment may apply”.
It emphasised that the numbers relate only to the cases of people who presently have no “right of residency in the State”.
“All of these cases will have to be critically examined before decisions can be taken.”
Justice added: “This figure does not include the 100-plus cases which are before the High Court on foot of judicial review challenges taken against the making of a deportation order.”
Of the number of applications received by 5 July, 181 were successful while six have been refused for reasons as yet undisclosed by the department.
