Tuesday, March 22, 2011

Gerd Leers What Are You Waiting For?

Gerd Leers, Minister for Immigration and Asylum Affairs in the current Dutch government, has sofar remained silent on the implications of the Ruiz Zambrano ruling. An attitude that is obviously inspired by his unsavory objectives. In it's first reaction to the Ruiz Zambrano ruling, the Dutch government sent out a press release which tried to discredit the opinion by Advocate General Sharpston.

In stark contrast, yesterday, the proactive reaction by Allan Shatter the minister for equality, justice and defense in the Irish government:

"Given the importance of the ruling in the Zambrano case, I have decided, with the support of my Government colleagues, to make a brief public tatement outlining the consideration being given to cases involving Irish minor dependant citizen children who have a non-national third country parent or parents.

One possible approach in these matters is to wait for pending cases to be determined by the Irish Courts and for the Courts to interpret and apply the Court of Justice ruling. That is an entirely justifiable approach from a legal standpoint. However in this case the Government has agreed that there needs to be a more proactive approach and that it should make a clear statement of its intention to take early action in these cases, insofar as it is unnecessary to await rulings of the Courts. We should not tie up the courts unnecessarily or ask eligible families to wait longer than necessary.

Accordingly I have asked my officials to carry out an urgent examination of all cases before the courts (approximately 120 at present) involving Irish citizen children to which the Zambrano judgment may be relevant.

The Government has agreed with my proposal that early decisions in appropriate cases to which the Zambrano judgement applies be made without waiting for further rulings of the Courts.

I have also asked my officials to examine the cases in the Department in which the possibility of deportation is being considered in order to ascertain the number of cases in which there is an Irish citizen child and to which the Zambrano judgment is relevant. In addition, consideration will be given to those cases of Irish Citizen children who have left the state whose parents were refused permission to remain.

This initiative is being taken in the best interests of the welfare of eligible minor Irish citizen children and to ensure that the taxpayer is not exposed to any unnecessary additional legal costs."

2 comments:

webmaster said...

There is one big difference between Ireland and the Netherlands. Ireland had (and maybe still has) the system that nationality will be granted to everyone born on Irish soil. In our country the nationality of the parents is what matters. So in Ireland there is a way bigger chance of minors with Irish nationality but no Irish parents. They choose for that system and the result of that. Here in The Netherlands not many minors will exist who are Dutch but have no Dutch parents. So we will not have cases pending court.I think it is wise to first study rulings of the European Court before starting to say things that maybe later have to be revoked. And suggesting that is only done because the Dutch government has ill intentions makes me wonder why people are so anxious to get a residence permit if this country is believed to have such a rotten system of laws.

Vincent Harris said...

The number of families affected is of minor importance. This is not about numbers, but about people.

If it were true that the impact of this ruling would be minimal, all the more reason for Gerd Leers to act proactively.

A case is allready pending, and more cases are certainly going to follow.

To suspect ill intentions on the part of the Dutch government is not some far-fetched scenario at all. Are you actually following the news? Gerd Leers has plans on immigration. Read also the questions by members of Dutch parliament on the ruling.

I fail to see why you need to bring up "that people are so anxious to get a residence permit". It's completely irrelevant to the topic at hand. It thus weakens your initial claim.

If you still have an opinion on the Ruiz Zambrano ruling, you are free to share it with my readers.

However, I would appreciate it if you would not try to advise me again as to what I should or should not write on my blog, I guarantee you I won't tolerate that a second time.