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1 very welcomed commentYes we can
I just voted for Barack Obama. There may still be hope for America…
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New location for Carnival of the Green #111
If you’re looking for the Carnival of the Green #111, I have decided to host it on my new environmental policy site, TREEconomist.
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Be the first to commentCourt Grants Judicial Review
FOR IMMEDIATE RELEASE
COURT GRANTS LEAVE TO APPLY FOR A JUDICIAL REVIEW OF INTERNATIONAL STUDENT’S CASE
The High Court (of Ireland) has granted an international student at NUI Galway leave to apply for a judicial review of the Government’s decision not to renew her permission to stay in the country unless her four-year-old son is taken out of a State-funded primary school.
Immigrant Council of Ireland (ICI) Senior Solicitor Hilkka Becker represented the student, Mrs Erin Britton, in the High Court today.
Ms Becker said Mrs Britton’s application argued that the Government has acted unlawfully in this case.
“Mrs Britton came to Ireland to study a two-year masters programme in Medieval Studies at NUI Galway in 2006 and was not told before she came here, or on her arrival, that a condition of her permission to stay was that her son must not attend a State school,” Ms Becker said.
“The first time Mrs Britton heard of this condition was when she tried to renew her permission to stay, at a point when her son was already attending primary school and when she is more than halfway through her masters programme.
“She has found the rules have changed without notice and that the Government is telling her that, in order to stay in Ireland to finish her course – which is costing her €12,000 a year in fees, plus loans to cover her living expenses – she must take her child out of the school where he is happily settled and enrol him in a private school.
“We believe Mrs Britton has a right to expect her permission to stay in Ireland would be renewed on the same terms as it was initially granted in 2006 – with no conditions relating to her son’s education.”
Ms Becker said the Government has acted unfairly because it gave Mrs Britton no notice of its change in policy, she received no decision in writing and was given no opportunity to appeal.
“It is ironic that the day before the UN’s International Migrants’ Day, we are in court seeking leave for a judicial review of a decision which we firmly believe breaches the Irish Constitution, the European Convention on Human Rights and the United Nations Convention on the Rights of the Child,” she said.
“The ICI has consistently lobbied the Government to spell out in law what migrants’ rights to family life are and this case demonstrates that need.
“We would urge the Government to apply the same rules in Ireland as apply in the UK, where a child of an international student is permitted to receive a State education while a parent is studying there, provided the child leaves the country when the parent completes their studies.”
For further information, contact Ruth Evans on +353 87 067 3676.
###
Notes to editors
UK Immigration Directorate Instructions state: “The child of a student may therefore receive state education while his parent is studying here but he would be expected to leave with his parent on completion of the parent’s studies.” Chapter 3, section 4.6.
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Be the first to commentDeport a 4 year old child?!
My wife and 4 year old son are living in Galway while I remain in the United States. I was living with them in Ireland last year while attending NUI Galway then moved back to the States a few months ago to complete my Masters in International Affairs in St. Louis, Missouri. Erin, my wife, is in the 2nd year of her 2 year Masters in Medieval Studies programme at NUI Galway while Aidan has been attending Claddagh National School in Galway since August 2007. Aidan excels at school and his teachers are always praising his successes and eagerness to learn. We are all US citizens and Erin is registered with Immigration on an International Student visa while Aidan is registered under her care as well.
Erin’s and Aidan’s one year visas expired 29 November, so she visited the Garda National Immigration Bureau in Galway that day and waited for two and a half hours only to be told the office was closed just as her number was about to be called. She complained to one of the officers about having to bring Aidan back the next day since she was concerned about having to remove him from a second consecutive day of school for the purposes of immigration. The officer assured Erin that he had seen that she had a child and not to worry; it would not be necessary to return with Aidan the next day.
Erin returned the next day, 30 November 2007, to re-register with GNIB. She was asked a series of detailed questions about her situation as was expected, including questions about Aidan and his status. Erin explained that he was enrolled at Claddagh National School in Galway early this past summer and commenced in August. He then attends a paid after school programme at the school everyday as well. The immigration officer explained that since Erin is in Ireland on an International Student visa that Aidan is not allowed to attend National School. The officer then threatened deportation of Aidan unless he was withdrawn from school immediately. As you can imagine, Erin was shocked. How can a 4 year old child, who has a PPS number and legally registered at a National school be deported! Not only that, but Erin was also refused a new registration card even though she is legally allowed to remain in Ireland as a full time Masters student in Medieval Studies (a programme that is unique only to Ireland). She receives US Federal Student loans and private US loans that provide for her entire school fees (unsubsidized) and living expenses. By no means is she nor is Aidan a financial drain to Ireland, if that is in fact the contention of Aidan’s attendance in National school while Erin is a University Student. On the contrary, she is generating a massive financial investment for the Irish economy.
As a result of this threat, Aidan will not be allowed to live fully as a growing student since there are no feasible private schools in the area. Aidan will now be forced to cease learning and socializing with his peers as no equivalent education alternative exists for him in Galway. He is too advanced for crèche since he spent the last year attending a crèche in Galway and was deemed to be well prepared for National school by the staff.
From Article 28 of The United Nations Convention on the Rights of the Child:
The child has the right to education; the State has a duty to make
primary education compulsory and free to all and to take measure to
develop different forms of secondary education and to make this
accessible to all children. School discipline should be administered in a
manner consistent with the child’s human dignity.
Every child should be provided an education by the state, anything less is a violation of human rights. My son has demonstrated his ability to succeed in the nurturing environment of his crèche last year and now in Claddagh National School this year. It is unfair to Aidan to suddenly remove him from the stable environment he has been part of since August. The threat of deportation of a 4 year old child is appalling and refusing Erin an International student visa is unjust. Erin and I will do everything we can to bring about awareness of our situation to the organisations responsible and would appreciate your immediate assistance as well.
What can you do?
UPDATE
File a Complaint about GNIB:
Ombudsman for Children’s Office
Millennium House
52-56 Great Strand Street
Dublin 1
IRELAND
oco@oco.ie
+353 1 8656800
Contact:
Immigrant Council of Ireland
2 St Andrew Street, Dublin 2, Ireland
Information service: +353 1 674 0200
Administration: +353 1 674 0202
Fax: +353 1 645 8031
info@immigrantcouncil.ie
About the Immigrant Council of Ireland
The Immigrant Council of Ireland (ICI) is a national, independent non-governmental organisation that promotes the rights of migrants through information, legal advice, advocacy, lobbying, research and publications, as well as training work.
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16 very welcomed commentsDaily Tweets for 2007-11-16
Daily Tweets for 2007-07-08
- Just got to play with an iPhone! Just as good looking in real life! L:Galway, Ireland #
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2 very welcomed commentsDaily Tweets for 2007-07-03
- Just saw the tallest Bronze Age standing stone in Ireland at Punchestown, site of Oxegen. L:Naas, Ireland #
- @lexia i’ll take an invite #
- @lexia i guess seanbonner already sent one. Been away from email a few days to check…thanks anyway! #
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Be the first to commentDaily Tweets for 2007-07-02
- At Jameson, I was chosen as a volunteer! Had 5 samples, got a certificate and a full glass of Jameson…took the glass
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Be the first to commentDaily Tweets for 2007-06-30
- Lost in County Louth on the way to Newgrange l:Louth, ireland #
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1 very welcomed commentDaily Tweets for 2007-06-29
- L:Loughrea, Ireland #
- L:Athlone, Ireland #
- L:Athlone, Ireland #
- L:Moate, Ireland #
- L:Trim, ireland #
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Be the first to comment80 GB iPhone?
I was just watching the Apple iPhone Activation and Sync video and discovered something very interesting. At the bottom of the summary page for the iPhone, it lists the capacity as 74.40 GB! Will we be seeing an 80 GB iPhone soon?
The video was just released today and gives a quick demo about the ease of activating your new iPhone using iTunes.
Apple has also released the iPhone rate plans today which start at $59.99 for 450 minutes and unlimited data. I guess those queues should be moving quickly this Friday.
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6 very welcomed commentsDaily Tweets for 2007-06-13
- Hot Fuzz is now on DVD in Ireland. Woo hoo! #
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2 very welcomed commentsDaily Tweets for 2007-06-04
- Forgot to turn twitter off while away in US so I had loads of texts come in… L:Galway, Ireland #
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