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Information regarding applications in accordance with the principles set out in the Zambrano judgment

Date Published: 19-05-2011

In response to a Parliamentary Question (18 May 2011), the Minister for Justice, Equality and Defence stated that 929 persons with no current right of residency have applied to have their case to remain in the State examined in accordance with the principles set out in the Zambrano judgment. Up to that date, decisions had been taken in 102 cases, with permission to remain in the State having been granted in all such cases. The Minister noted that a further 140 cases with a link to the Zambrano judgment had been identified, but were currently the subject of judicial review proceedings in the High Court where a decision to make a deportation order has been challenged.

The Department for Justice and Equality are to review the rights of non-Irish parents of children with Irish citizenship to live and work in Ireland following European Court of Justice ruling that foreign parents of a child with European citizenship may live in the EU.

The European Court of Justice delivered a judgment in the case of Zambrano v Office national de l’emploi (in Belgium), which requires a Member State to allow third country nationals who are parents of a child who is a national of that Member State to reside and work there, where a refusal to do so would deprive that child of the genuine enjoyment of the substance of the rights attaching to the status of citizen of the Union.

For more information:

See Statement by Minister for Justice, Equality and Defence, Mr Alan Shatter, TD
See European Court of Justice judgment in the case of Zambrano v Office national de l’emploi

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