Oireachtas Joint and Select Committees

Wednesday, 4 December 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Citizenship Rights and DeSouza Judgment: Discussion

Ms Una Boyd:

My background is practising as an immigration solicitor in Belfast. We saw this come up after 2012 when the McCarthy decision caused the Home Office to change its policy, and we started to see families coming in who were affected by this. The simple fact is there are very few people who are in a position to take a fight that is going to be lengthy litigation, and potentially years of uncertainty. One's spouse could end up, as Ms DeSouza's husband, Jake, did, without a passport, without the right to work or the right to drive. For many of these people, they have young children, sick relatives, employment needs and they need to be able to travel. What I typically saw as a solicitor was that people would either make the decision to renounce, with everything that comes with that, or would choose to make one of the UK visa applications at the cost of thousands of pounds - or they would move.

A lot of people simply chose to move with their family members, to leave the UK. I have said it before but Emma was pretty much the first person who was stubborn enough to say, "No, I really can't accept this. This goes against all of my rights and I want to fight it."

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