Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister of State and thank him for coming to the House to deal with this question. In light of the findings of the Court of Appeal on the rights of non-EEA nationals who were in Ireland as students before 2011 and who wish to continue to stay and work here, I would like the Minister for Justice and Equality to state how many cases are awaiting her decision and to make a statement on the issue.

I am referring specifically to the decision of the Court of Appeal, as issued on 15 December 2016, in the case of Balchand and others v. the Minister for Justice and Equality and others. In her decision, Ms Justice Finlay Geoghegan said that the refusal of an application for permission to remain made on behalf of two Mauritian individuals, whose child was born here after they had originally come here as students, potentially interfered with the applicants' right to respect for private and family life under Article 8 of the European Convention on Human Rights. According to the Court of Appeal ruling, the Minister is "obliged to consider" these rights before making a decision on the application for permission to stay here. Ms Justice Finlay Geoghegan said that the Minister, "was obliged to consider the Article 8 rights contended for on behalf of the applicants". Mary Carolan's report on this case in The Irish Timesin December 2016 noted that, "dozens of other cases were awaiting the outcomes of the two appeals [two appeals were joined together] in which the Irish Human Rights and Equality Commission was involved".

The question I am raising relates to the sequel or the consequence following the handing down of this judgment. How many cases are still awaiting decision? Will the Minister make a statement on the issue? I want to ensure individuals like the members of the Mauritian family at issue in the Balchand case have their full rights considered. The family rights, etc., of their child, who was born here after they had arrived here as students, should be considered. I want to keep an eye on this matter to ensure the Minister's approach is under scrutiny following the handing down of the Court of Appeal decision. I will be grateful for the Minister of State's response.