The cases in the High Court “Zambrano List” were listed yesterday before Mr Justice Cooke. Counsel for the State indicated that letters had been sent by the Minister to each applicant requesting further information/documents to be submitted in order to fully assess applicants for residency pursuant to the Zambrano case. Mr. Justice Cooke was satisfied with this progression, and the cases were therefore re listed for the 10th October 2011 in the new term.
Our concerns relate to the applicants who have already left or been deported from the State, as they remain separated from their families pending the Minister’s determinations. The difficulties for these parents is that Zambrano assessments are based on the parents involvement in the Irish child’s daily life, which is very difficult to prove when a parent is resident out side the State. These cases are therefore somewhat more complicated. It seems that the applicants who have remained residing with their families in the State and have clear criminal records are now receiving determinations. However, it seems unlikely that determinations on cases where the applicant is outside the State will be reached as soon. We do not think it fair that the applicants who have been unfairly removed from the State should continue to be prejudiced in this way. This is particularly so given that the the Minister has been on notice of Zambrano since March 2011, and made a public announcement that all applications would be dealt with expeditously. We will continue to request immediate determinations for all our clients.