Oireachtas Joint and Select Committees

Wednesday, 11 July 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Immigrant Investor Programme and International Protection Applications: Discussion

9:00 am

Mr. Michael Kirrane:

The Luximon judgment is quite a complex case and the Deputy raised two different aspects of it. One is in regard to Article 8 rights. We are complying with the judgment and our intention is to consider Article 8 rights in those circumstances where there has been a change of status from one point to the other. We are considering that in terms of refining our processes and how best we can do that. Our argument to the court was that we always did an Article 8 rights consideration before a decision was taken on whether somebody was allowed to remain in the State or a deportation order was issued. The courts found that we should do an Article 8 rights consideration in other circumstances where there is a change of status and we will be complying with that.

Regarding the individual cases, I cannot give a date as to when we will do this. We are seeking legal advice regarding the judgment and how we will deal with these cases. I do not want to pre-empt what that decision will be because it is up to the Minister and the Government to make that call. I cannot give the Deputy a definitive deadline at this point in time but we are actively looking at it and it is something that is very much high on our agenda.

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