Immigration & Asylum Law in Ireland

Abstract

People, including children, migrate for different reasons. Some are forced to migrate because they are fleeing persecution or other serious harm in their country of origin, whereas others may choose to migrate, for example, for economic reasons or study purposes. The 20th century and the start of the 21st century have been characterised by the need for many millions of people to seek refuge in countries which are not their own. In 2015, almost 55 million people are in refugee or refugee like situations, stateless, internally displaced within their own countries or seeking asylum. We live in an increasingly globalised world. The Irish legal system must ensure that the rights of the migrant child are respected. These rights are protected by the Irish Constitution, national legislation, the European Convention on Human Rights, the European Union Charter of Fundamental Rights, the European Social Charter and under UN Human Rights Treaties that Ireland has signed and ratified. At times, discourse on the rights of migrant children has sought to portray the State as some kind of victim against marauding child migrant hoards or their wicked parents seeking to utilise a child as a migrant anchor. Politicians, policy makers, the legal professions, media and the judiciary should be cautious against adopting such simplistic responses to issues of child migration.

Migrant children are particularly vulnerable and have been recognised to face particular difficulties vindicating their rights. The issue of the rights of the children in immigration and asylum law is wide-ranging and this chapter considers three core areas:

1. The legal obligations on Ireland to provide a child centred protection status determination process; 2. Immigration law and family reunification; 3. Deportation of non-EU citizen children.

Keywords: Irish Studies, European Law, Asylum Law, Child Law, European Union, European Immigration and Asylum Law, European Union Law, Children's Rights, Asylum seekers, Irish Constitutional Law, Irish Law