Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I totally accept the importance of raising this particular case in light of the broader debate. As I said at the outset, while it is the responsibility of non-EEA nationals to keep their immigration permission current at all times, the Tánaiste and I recognise the issue where some former students now find themselves undocumented. The Tánaiste also recognises there is a need to address the issues highlighted by the court judgment in a structured way that maintains the integrity of the immigration system, while addressing the needs on a case-by-case basis. The history of student permissions is such that the rules changed on 1 January 2011 and consequently we are dealing with legacy issues here. The State’s position, which is in keeping with the jurisprudence of the Irish courts and the European Court of Human Rights, is that consideration of Article 8 rights is only required when a person applies to enter the State or in cases of deportation. I do, however, accept the broader issue also and Senator Bacik made reference to Irish people who are undocumented. I totally take that point and will bring it to the Tánaiste.

The Tánaiste appreciates the Senator’s concerns and thanks the Senator for her input on this matter. As was outlined at the outset, the judgment itself is currently under appeal to the Supreme Court so the Tánaiste is limited in what she can do and say at this stage. I will of course bring the Senator's concerns to the Tánaiste and to the Department of Justice and Equality.