Tag Archive for: immigration law

REVISED POLICY DOCUMENT ON NON-EEA FAMILY REUNIFICATION – PUBLISHED 26TH NOVEMBER 2025

The Department of Justice, Home Affairs and Migration published a new Policy Document on Non-EEA Family Reunification on the 26th November 2025 (‘the 2025 Policy Document’). This has replaced the previous version published in December 2016.

The 2025 Policy Document sets out established criteria to be met to facilitate family reunification for certain categories of persons who are legally resident in the State. There are a number of key changes in this revised version of the Policy Document, which we have provided an overview of below.

Categories of Family Members

The 2025 Policy Document now outlines three categories of family members in respect of whom applications for family reunification can be made. The categories are Nuclear Family (which consists of spouse, civil partner, and unmarried children under the age of 18), Dependent Parents and Dependant adult children.

Notably, dependent children, aged between 18-23 years old and who are in full-time education are no longer considered to be members of the Nuclear Family, as was the case in the previous 2016 version of the Policy Document.

To fit within the category of Dependant adult children under the 2025 Policy Document, the adult child must be “dependent on the care of the parent sponsor for their subsistence due to a serious medical or psychological condition that makes independent life unsustainable.”

Immigration Status of Sponsor

There are three separate categories of eligible sponsors under the 2025 Policy Document.

Category A Sponsor – includes Irish citizens and persons who have been granted refugee status or subsidiary protection, who are not eligible to submit an application for family reunification pursuant to s.56 and s.57 of the International Protection Act 2015.

Category A sponsors are eligible to submit an application for family reunification at any time.

Category B Sponsor – includes Investors with a permission under the IIP, Entrepreneurs with a permission under the STEP, CSEP holders, Researchers on Hosting Agreements, ISD-approved scholarship programme students, Intra-company transferees, PhD student permission holders, Full-time non-locum doctors in employment, and Ministers of Religion under the relevant Scheme.

Category B sponsors are eligible to immediate family reunification with nuclear family members. There is a waiting period of 2 years for category B sponsors to submit applications for dependant parents or dependant adult children.

Category C Sponsor – includes General Employment Permit holders, Reactivation Employment Permit holders, and Stamp 4 holders.

There is a waiting period of 12 months on an eligible permission for Category C Sponsors to submit an application for family reunification with nuclear family members, and 5 years in respect of any other family members.

Financial Thresholds

The 2025 Policy Document confirms that the Minister will consider the income of “only one individual sponsor” to determine whether the relevant required financial threshold is met to be eligible to sponsor an application for family reunification.

Category A Sponsors are required to have a cumulative gross income of €40,000 over the three-year period prior to the application, to sponsor an application for their spouse, civil partner or de facto partner.

Under the 2025 Policy Document there is no financial threshold to be met for a Category B Sponsor to sponsor an application for their spouse, civil partner or de facto partner, as they are eligible for immediate family reunification, prior to any finances being accrued.

Category C Sponsors with no children are required to have earned a gross annual income of €30,000 in the year prior to the application, to sponsor an application for their spouse, civil partner or de facto partner. This is a change to the previous policy of a requirement of an annual gross income of €30,000 in the two years prior to the application.

As was previously the case, the financial threshold that a Category C Sponsor must meet to apply for family reunification increases dependent on the number of children that the sponsor has. In this instance, the net income of the sponsor must be higher than that applied by the Department of Social Protection in assessing eligibility for the Working Family Payment (WFP). The required annual net and gross income is outlined in Appendix D of the 2025 Policy Document.

Dependent Adult Relative Applications

For all categories of sponsors, the financial threshold applied to Dependent Adult Relative applications is a gross annual income in excess of 185% of the average yearly earnings in Ireland for one relative and 250% thereof for two relatives, in each of the three years prior to the application. This percentage will be increased for subsequent adult dependent family members. The minimum gross annual salary for these applications is outlined in Appendix D of the 2025 Policy Document.

Furthermore, we highlight that pursuant to the 2025 Policy Document, in the processing of all applications for family reunification, the Minister will rigorously assess the Sponsor’s ability to financially support and accommodate the Applicant in the State.

The 2026 Policy Document is available here.

Berkeley Solicitors are available to provide advice in respect of all matters relating to the family reunification application process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPDATES REGARDING REGISTRATION REQUIREMENTS FOR MINORS

UPDATES REGARDING REGISTRATION REQUIREMENTS FOR MINORS

The Department of Justice has recently issued updated information regarding registration requirements for minors. Those who are required to register for the first time must do so as early as possible when they reach 16 years of age.

Children aged 15 years and younger are not obligated to register a permission unless specifically directed by the Minister. It continues to be the case that there is no published policy on the legal status of children who are under the age of 16. A child may be obliged to register under the age of 16 if they have been granted a permission to remain by the Minster and have been issued a permission letter which provides details in respect of registration or if they are residing in Ireland based on EU Treaty Rights.

The Department has now published a policy on the registration requirements for children who are 16 or older and their entitlements to Stamp 2A, 3, or 4 permissions upon registration. This is welcome as the Department policy in this regard has been unclear for many years.

The policy is set out as follows for children who have turned 16 years of age, upon registration:

  • Irish-born children with eligibility for citizenship who have not been naturalised will be issued a Stamp 4 permission.
  • Foreign-born children with eligibility for citizenship who have resided in the State for 5 years or greater and have not been naturalised will be issued a Stamp 4 permission.
  • Foreign born children of entrepreneurs with a permission under the Start-up Entrepreneur Programme or children of investors with a permission under the Immigrant Investor Programme will be issued a Stamp 4 permission.
  • Foreign born children of PhD student permission holders or those on ISD-approved scholarship programmes are obliged to register and will be issued a Stamp 2A permission.
  • All other foreign-born children who have resided in the State for less than 5 years are obliged to register and will generally be issued a Stamp 3 permission.

Please note that all children aged under 18 years of age who are required to register are exempt from paying a registration fee for all stamp categories.

For more information on this new policy, please see the link below:

https://www.irishimmigration.ie/registering-your-immigration-permission/how-to-register-your-immigration-permission-for-the-first-time/registration-requirements-for-minors/#first-time-16

If you have any queries relating to registration requirements or eligibility for naturalisation for minors, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPDATE TO RE-ENTRY VISA APPLICATION PROCESS

UPDATE TO RE-ENTRY VISA APPLICATION PROCESS

The Department of Justice has issued updated information regarding the process of applying for re-entry visas in emergency or extenuating circumstances.

Such circumstances include where an adult’s IRP card is lost or stolen, where it contains a significant error, or where they have not yet received their up-to-date IRP card by post prior to travel.

All applications must now be submitted via the Customer Service Portal.

Applications must be submitted in advance of planned travel, and applicants must provide proof of outbound and return flights, including details of connecting flights

If deemed applicable, applicants will be required to attend an in-person appointment at the Dublin Registration Office to obtain their re-entry visa.

Applications will be considered from details provided by each applicant, on a case-by-case basis. Therefore, applicants are encouraged to provide all relevant details and extenuating circumstances experienced.

Stamp 6 (without condition) holders who wish to obtain a re-entry visa must also follow this procedure.

Currently, children under the age of 16 are exempt from requiring re-entry visas, provided that they are accompanied by their parent or legal guardian who holds an in-date permission to reside in the State.

For more information on this new policy regarding re-entry visas, please see the link below:

https://www.irishimmigration.ie/registering-your-immigration-permission/travel-and-re-entry-visas/

If you have any queries relating to visa applications please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPCOMING CITIZENSHIP CEREMONY

UPCOMING CITIZENSHIP CEREMONY – SEPTEMBER 2025

An update from the Department of Justice, dated the 14th of August, confirms that the next Citizenship Ceremonies will take place at the Convention Centre, Dublin, on Monday, the 15th of September and Tuesday, the 16th of September 2025.

Please do not contact the Department of Justice to confirm your attendance. Invitations will be issued in due course to successful applicants.
Candidates are required to bring the following:

• A valid passport

• Any additional form of identification

During the ceremony, candidates will be expected to take an Oath of Fidelity to the Nation. Certificates of Naturalisation will be sent by registered post at a later date.

Berkeley Solicitors is available to provide advice and support for anyone commencing the Naturalisation application process.

If you have any queries relating to Naturalisation please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

CLIENT OF BERKELEY SOLICITORS APPROVED FOR NATURALISATION BASED ON IRISH ASSOCIATIONS UNDER NEW GUIDELINES

Berkeley Solicitors would like to congratulate our client who has received an approval of a naturalisation application based under Irish Associations, on the basis of the updated guidelines.

The Irish Nationality and Citizenship Act 1956 provides that the Minister for Justice has the discretion to grant a certificate of naturalisation where the applicant is of Irish descent of Irish associations, despite the normal conditions for naturalisation not being met.

For the purposes of this Act, a person is considered to be of Irish associations if they are related through blood, affinity or adoption to, or are the civil partner of:

  • a person who is (or is entitled to be) an Irish citizen; or
  • a deceased person who was (or was entitled to be) an Irish citizen at the time of their death.

It is not enough for a person to simply establish that they are of Irish associations. The Minister will use his absolute discretion in considering these applications.

On 2nd April 2025, the Department of Justice published updated guidelines for those looking to apply for Irish citizenship by Irish Associations.

The new guidelines include a Table of Indicative criteria to assess applications under Irish Associations. Under these new guidelines, the Minister will take into account the following indicative categories:

  • Experiential connection to the State
  • Family connections to the State
  • Cultural connection to the State
  • Establishment in the State.

Points are awarded for satisfying certain scoring criteria related to the above categories. Applicants will need to achieve a score of at 50% or more in two or more of the above categories in order to qualify.

Berkeley Solicitors is pleased to have received a positive decision for our client in respect of naturalisation by Irish Associations under the new guidelines.

Further details of the new guidelines are available here.

If you or your family have any queries relating to applying for naturalisation via Irish Associations, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPDATE TO RE-ENTRY VISA APPLICATION PROCESS

Lengthy delays in the processing of Join Family visas  

As of the 29th of April 2025, the Immigration Service Delivery have updated their visa decisions page outlining which visa applications and visa appeals are currently being processed by the Dublin visa office.

A notable change is that the dates of join family visa applications currently being processed has been updated. The most recent decision made on a join family visa application, where the sponsor is in category B, was issued for an application received by the Visa Office on the 22nd of November 2023. Appeals of the same category received on the 7th of December 2022 are also now being issued with decisions.

For join family visa applications where the sponsor is in Category A, or an Irish citizen, the Department has most recently issued decisions on applications received on the 7th of August 2023. Regarding appeals of applications falling into the same category, those received on the 2nd of February 2023 have been issued with decisions.

It is unusual that applications from Category B sponsors are being processed more expeditiously than those from Category A sponsors.

The ISD business targets for the processing of Join family visa applications for sponsors in Category A is 6 months and for Category B is 12 months. These business targets are not being met and the delay in the processing of join family visas has become a notable and stressful concern for clients.

Furthermore, it is concerning that the page had previously stated that applications received on 23rd July 2023 were being processed. This processing time was in place for over six months. This would indicate a complete stalling of the processing of applications, or that extremely few applications, if any, were processed in this time frame.

This delay in processing of visas for families is a source of concern. It is resulting in long term separation of families, including children and is a source of huge stress to our clients.

For more information on the processing times for visa applications being assessed in Dublin, please see the link below:

https://www.irishimmigration.ie/visa-decisions/

Berkeley Solicitors is available to provide advice and support for anyone commencing the Visa application process.

If you have any queriers relating to the processing time for visa applications please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisor.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

TRANSFER OF ALL NATIONWIDE RENEWALS TO THE ISD ONLINE PORTAL

TRANSFER OF ALL NATIONWIDE RENEWALS TO THE ISD ONLINE PORTAL

On October 14th, the Department of Justice announced that responsibility for all renewals of Irish immigration residence permissions will be transferred from the Garda National Immigration Bureau (GNIB) to the Registration Office of Immigration Service Delivery (ISD). This applies to persons residing in all counties, and it will come into effect on the 4th of November this year. However, the GNIB will still be undertaking responsibility for first registrations for applicants who reside outside of Cork, Dublin, Kildare, Meath, Limerick and Wicklow.

From 4th of November onwards, there will be no need for persons to present at the Burgh Quay Registration Office to make a residence permission renewal, except in limited circumstances where it is deemed necessary. All such renewals should be submitted through the ISD online renewals portal.

Applications for renewal made through this portal will be accepted up to 12 weeks prior to the expiry of the previous permission, to allow ample time for processing. This is also the case for applications to change stamp category. To view the progress of an online application, the applicant can visit the Immigration Services Website, where they will find live updates for online renewal applications in the processing stage.

Before permission can be renewed online, applicants must set up an ISD account here. Applicants will be required to upload digital copies of certain documents according to which immigration permission they looking to renew; a list of the required documents can be found here. If the applicant does not fall within the category of applicants who are exempt from the €300 registration fee, they must have their credit or debit card details ready in order to pay this. The list of applicants who are exempt from making this payment is as follows:

  • Applicants with refugee status;
  • Applicants with subsidiary protection status;
  • Applicants with leave to remain under Section 49 of the International Protection Act 2015;
  • Applicants aged between 16 and 18 years of age;
  • Applicants who are resident based on marriage to an Irish citizen;
  • Applicants who are the family member of an EU citizen;
  • Applicants who are Ukrainian citizens and certain foreign nationals resident in the State as a Beneficiary of Temporary Protection;

Once the online application has been processed, the applicant’s new IRP card will be posted directly to the address provided in the application.

Please see link for further information regarding the renewal process:

https://www.irishimmigration.ie/transfer-of-all-nationwide-renewals-to-the-isd-online-portal/

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

The Department of Enterprise have now announced that the Employment Permits Act 2024 will come into effect from Monday, 2nd September 2024.

The new Act consolidates and updates employment permit law, which had previously been scattered across various Acts. The Act repeals the Employment Permits Act 2003 and the Employment Permits Act 2006, as well as the Employment Permit Regulations 2017. An information note on the key changes is available at https://enterprise.gov.ie/en/publications/publication-files/employment-permits-act-2024-information-note-on-key-changes.pdf.

CHANGES TO THE LABOUR MARKET NEEDS TEST (LMNT)

The criteria requiring employers to place adverts for vacancies in print media (newspapers) has been removed. The requirement to publish an advertisement with the Department of Social Protection Employment Services/EURES employment network for a minimum of 28 days (continuously) continues.

The new LMNT criteria require the applicant to publish the vacancy notice both with the Department of Social Protection JobsIreland/EURES online employment services, and on a second online platform for 28 days also. These online platforms can be any electronic system for the online publication of information that are easily accessible by Irish/EEA citizens including websites, software or any other electronic technology that provides for the online publication of information. Online platforms can include newspaper websites or dedicated employment websites. Any website, software, or electronic technology that provides online publication of information, with the principal purpose being to publish offers of employment, is eligible.

Both notices placed with the Department of Social Protection Employment Services/EURES employment network and on the additional second online platform must contain the following information:

  • a description of the employment
  • the name of the employer
  • the minimum annual remuneration
  • the location/s of employment
  • the hours of work

Our understanding currently, subject to the publication of the new Regulations in this matter, is that applications for employment permits must be made within 90 days from the day in which the Department of Social Protection notice was first published.

SEASONAL EMPLOYMENT PERMITS

The new Seasonal Employment Permit is a short-term employment permit for a non-EEA national to work for a maximum of 7 months per calendar year in a seasonally recurrent employment. The Permit will be first introduced under a limited pilot scheme for horticultural workers later this year, with the intention that it will commence in early 2025. There will be a requirement for employers to become registered as approved seasonal employers and to obtain annual pre-approval. There will be a prescribed minimum number of employees, turnover, and balance sheet total for the previous year for prospective seasonal employers. Seasonal employers will also need to provide accommodation and appropriate health insurance for their seasonal employees.

REVOCATION OF EMPLOYMENT PERMITS

A new provision also requires that a permit holder must commence employment within a period of six months from when the permit is granted or comes into force. This new requirement may have serious consequences for holders of employment permits who are visa-required but who are experiencing significant delays in the employment visa process.

There is no explicit confirmation that the employment permit will be cancelled if not taken up within 6 months, but that seems to be the clear implication from the legislation. The view of our office is that this is quite concerning for visa-required employment permit holders who may be unable to take up their permits within 6 months due to delays.

CHANGING EMPLOYER WITHIN THE SAME TYPE OF ROLE

The new Act allows employment permit holders to change employer by application to the Minister after a period of 9 months on their permit has elapsed (but before 22 months has elapsed) without the need to apply for a new employment permit or conduct a new Labour Market Needs Test. The permit will continue to last only for its initial duration.

Please note that this only applies to General Employment Permit holders seeking to change employers for the same type of role (identified by its 4-digit SOC code), or Critical Skills Employment Permit holders seeking to change employers within the same category of role (identified by its 3-digit SOC code). For example, a meat processing operative holding a General Employment Permit can move to another meat processing role, or an engineer holding a Critical Skills Employment Permit can move to another engineering role.

The following conditions apply to the change of employer process:

  • The maximum number of applications for change of employer that may be granted to a permit holder has been set at three.
  • A new contract of employment signed by both the new employer and employee is required to be submitted.
  • The employee is required to commence employment with the new employer within one month of the new permit being issued. It is important to note that the new employment cannot be commenced until the employment permit has been reissued.
  • A change of employer request form will be available for the new employer and employee to sign and submit through a dedicated email address.

PROMOTION OR INTERNAL TRANSFER IN THE ROLE

Where an employment permit holder has been granted a promotion in the same company, the Act includes a provision to allow for this where a permit holder would use the same skills and the employment remains eligible, without having to apply for a new employment permit. The situation will be assessed on renewal.

CHANGING EMPLOYERS TO ANOTHER TYPE OF ROLE OR A NEW ROLE WITH THE SAME EMPLOYER

The Employment Permits Act 2024 allows employment permit holders to apply for a new employment permit for a new type of role, whether with their current employer or a new employer, after a period of at least nine months.

The legislation provides discretion to grant prior to the nine-month period in cases evidencing a change of circumstances or instances of exploitation.

MINIMUM ANNUAL REMUNERATION

The new Act requires the Minister to carry out a yearly review on average weekly earnings in Ireland to calculate increases in the minimum annual remuneration for employment permits. This is likely to mean increases in the minimum annual remuneration for employment permit holders on an annual basis in line with increases in the average wage in Ireland. Our advice is that employers should start planning in anticipation of the new figures being announced. Please note that these increases will also apply to renewals, where the initial permit may have been applied for on the basis of a lower salary.

If you or your employer have any queries regarding the new employment permit rules, please do not hesitate to contact us.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

IMMIGRATION TO IRELAND HITS 17-YEAR HIGH ACCORDING TO DATA RELEASED BY THE CENTRAL STATISTICS OFFICE

IMMIGRATION TO IRELAND HITS 17-YEAR HIGH ACCORDING TO DATA RELEASED BY THE CENTRAL STATISTICS OFFICE

The Central Statistics Office (CSO) has published data that shows that 149,200 people have immigrated to Ireland in the 12-month period between April 2023 and April 2024. Of these numbers, 30,000 were returning Irish citizens, 27,000 were EU citizens, and 5,400 were UK citizens. 86,800 immigrants were citizens of other countries.

In response, the Taoiseach Simon Harris has said that the government need to do more to prepare Ireland for population growth.

The figures released by the CSO reveal that the number of immigrants entering Ireland during this period was the highest since the period between April 2006 and April 2007.

The population of Ireland is now estimated to be 5.38 million, increasing by 98,700 since 2023.

The CSO also published data showing that more than 69,000 people emigrated in the same period. Of that figure, 34,700 were Irish citizens, 10,600 were EU citizens, and 21,500 were citizens of other countries. An estimated 10,600 people moved from Ireland to Australia; an increase of 126%, which represents the highest level of emigration to Australia since 2013. Just 6,400 people moved from Australia to Ireland. 15,200 people also left Ireland to live in the UK, while 20,500 people moved to Ireland from the UK.

Those aged between 25 and 44 accounted for 48% of all emigrants. According to the CSO, the number of emigrants from countries outside of the EU has risen by 49%, when compared to the 14,400 in 2023, however a significant number of these were Ukrainian.

According to the Irish Times, there were a positive net migration of 79,300 people in the 12-month period. There was also a natural increase of 19,400 people in the State, made up of 54,200 births and 34,800 deaths.

Speaking about the population growth in the State, Taoiseach Simon Harris stated, “there’s no doubt governments, the Government that I lead, will now need to do a better job in terms of forward planning, preparing for population growth, wondering what that means for public services, what that means for investment, what that means for staffing levels.” He also emphasised that “Inward migration is a good thing. We should be very clear about that. What Ireland needs to do is make sure it has the systems in place to properly process people, to provide people who are coming seeking international protection with a ‘yes’ or a ‘no’ more quickly.”

The full Irish Times article can be accessed here:

https://www.irishtimes.com/ireland/2024/08/27/immigration-to-ireland-hits-17-year-high-as-emigration-also-rises/#:~:text=Figures%20for%20year%20to%20April,State%20in%20three%20successive%20years&text=Some%20149%2C200%20people%20immigrated%20to,Central%20Statistics%20Office%20(CSO)

RECENT SUPREME COURT JUDGEMENT REGARDING THE BEST INTERESTS OF CHILDREN IN THE CONTEXT OF DEPORTATION DECISIONS

RECENT SUPREME COURT JUDGEMENT REGARDING THE BEST INTERESTS OF CHILDREN IN THE CONTEXT OF DEPORTATION DECISIONS

The Supreme Court delivered a judgement in the case of A.Z, M.Z and C.Z (a minor) v Minister for Justice and Equality [2024] IESC 35 on 25th July 2024.

The facts of this case surrounded the deportation order of a man who is the father of an Irish citizen child, and is also married to an Irish national. A challenge was brought by the family against the decision of the Minister not to revoke the father’s deportation order. Judge Phelan found in the applicants’ favour in the High Court and the matter was appealed by the Minister for Justice.

The Supreme Court upheld the decision of the High Court.

Several issues arose in the case, one being whether the Minister’s assessment of the father’s immigration application was in line with Article 42A of the Irish Constitution.

Article 42A was inserted into the Constitution in 2015.

Article 42A.1 states as follows:

  1. The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.

 

Sections 2,3 and 4 of the Article are specific provisions as they relate to specific types of proceedings including adoption, custody and access.

Article 42A.1 is a provision of much wider application.

It can be argued that Article 42A.1 recognises and affirms the already pre-existing constitutional rights of children.

Whilst Article 42A.4 is a very specific provision requiring the Minister to legislate for specific types of proceedings, we would say that Article 42A.1 has general application.

Interestingly, in this case, the Minister’s decision in respect of the man’s immigration application contained no reference to Article 42A. In the proceedings, the Minister contended that the Minister had complied with her Constitutional obligations despite no specific reference to the Article being made in the decision.

The Court did not agree with this argument and held that Judge Phelan in the High Court was correct to find that she could not be satisfied, based on careful consideration of the decision, that the rights of the child where properly identified and assessed.

The Supreme Court affirmed the judgment of Judge Phelan which found that following the insertion of Article 42A into the Constitution “effective State protection for the rights of the child now required a greater focus on the child as an individual, separate from the family unit as a whole and not subordinate as part of the family unit. She held that the Supreme Court had found that Article 42A results in some recalibration of the protections which had already been available to children under the other provisions of the Constitution, not least Articles 40, 41 and 42…”

By virtue of Article 42A.1 the Minister is required to identify and assess the individual rights of the child, separate and distinct from the rights of a family as a whole.

It appears to us that the Supreme Court has also held that in the context of deportation decisions, resulting in indefinite separation between a parent and child, the Minister is obliged to consider the best interests of the child as a primary consideration, with each case being decided on its own individual merits. Whilst the Minister must consider the best interests of the child as a primary consideration, there are many considerations the Minister is entitled to have regard to and the requirement that the best interests of the child be a “paramount” consideration is confined to the specific provisions in Article 42A.4.

The full judgements in this case can be accessed below.

https://courts.ie/acc/alfresco/5e689789-56c6-481a-b63b-b74248a1d14b/2024_IESC_35_(Woulfe%20J).pdf/pdf#view=fitH

https://courts.ie/acc/alfresco/0fb290b4-95f9-4e60-b296-8f18398ec7ac/2024_IESC_35_(Collins%20J)_Unapproved.pdf/pdf#view=fitH