We noted with interest the positive development in the long running case Gerard and Caroline Hurley that has now finally been resolved. The grant of permission to Mrs Hurley to work and reside was reported by the Irish Times over the weekend. The Irish Times also reported on the plight of Mrs Hurley back in December.
Caroline Hurley applied to remain in the State on the basis of her Irish citizen child and her marriage to Gerard Hurley, an Irish citizen. The Department of Justice were pursuing the deportation of Mrs Hurley but it appears they had to review their decision following the landmark decision of the European Court of Justice in Zambrano.
We are working on several similar cases and despite some delays in the Department actually processing the so-called Zambrano applications, applicants are finally meeting some resolution and being granted permission to remain. While we obviously welcome the decision of Zambrano and its timely application, we remain surprised that the Department were so intent and often were able to deport individuals such as Ms Hurley, despite their Irish citizen children and Irish spouses and the protections of family life under the Irish Constitution, the European Convention on Human Rights, and the Charter of Fundamental Rights.
We would be interested to hear of any concerns or problems arising from the Zambrano decision and will of course be keeping you update to date on any new developments or successes we have in this area.