Deport a 4 year old child?!
Monday, December 3, 2007 at 7:43PM 
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 The officer then threatened deportation of Aidan unless he was withdrawn from school immediately.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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Reader Comments (22)
we're behind you and erin and aidan all the way. this bureaucratic nonsense is a clear violation of human rights and common sense.
on the other hand, it is reassuring that the united states aren't the only ones mired in ridiculousness.
but, seriously, we're going to do everything necessary to make sure that your family isn't punished for trying to pursue your own ambitions.
Good luck!
Yours is not an unfamiliar story. GNIB is the hammer used to chisel out welfare scabs all across Ireland. As I have learned from first-hand experiences, you cannot expect a free ticket from Irish immigration once you've answered more than four or five questions.
We worked the issue of an American on a PhD programme in Cork who was refused leave to land with his TY daughter and wife. They received no joy, returned to the States and are now headed to postgrad work in New Zealand. I'm not sure Irish interests are best served in that treatment as I know you're certainly convinced that no one benefits from disrupting a 4-year-old from school routines.
May you have better luck than those I have known who have gone before.
Thanks Kate and Bernie. Please http://digg.com/world_news/Irish_government_threatens_to_deport_a_4_yr_old_child">digg the story and let the world know about it.
James, Hoping for the best to you and your family. Not exactly the kind of post I want to see on your blog.
James
given this story about Caoimhghin O Caolain getting a visa for the wife of a constituent in Cavan (arranged Marriage to Hindu in India causing problems with immigration) see http://www.independent.ie/national-news/fake-weddings-visas-refused-1235120.html
for details getting some people to get on to some TD's to take up your case might be an idea.
I'll certainly give my local TD's a buzz on this
Dermot
I would be interested in speaking with you about your story. Has your son actually left the school yet? I thought that children of student visa holders were entitled to state education up until age 16?
email me and we can arrange a time to speak.
best regards...sandy hazel
Aloha, I'm the Ph.d. student from Hawai'i that Bernie is referring to. While I have no advice to give you (obviously everything we tried failed), we will hold you and your family in our thoughts and prayers. I digged your article, best of luck to you and your family.
[...] enemy. While James Britton’s situation is a bit different than ours, it is no less pathetic. The GNIB wants to deport his 4-year old son! I wish it was possible to sue the country and force them to abandon their “Land of a [...]
Keola,
Dia duit! I am not encouraged by your story, but fortunately we have many people looking into this for us in Ireland (I'm still in the States doing everything I can). We are in the process of seeking legal advice and action, so wish us luck.
Sláinte!
Dear James, Erin, & Aidan,
I regret not having any help to offer other than my condolences, best wishes, and prayers. This is positively horrible! I thought my experience with the GNIB in Galway was dreadful...left standing outside in the freezing rain for an extra hour and 45 mins. because all the Garda officers were late for work. The building was supposed to open at 7:00a.m., so I got there at 6:00a.m. to make sure to get a place in line. The officers did not deign to appear until 8:45a.m. and then treated everyone rudely. The average daily quota of people were not helped, but God forbid the officers give up their coffee breaks. Such a difficult job they perform... There is such a thing as respect for human dignity which I do not see in the GNIB. This is a national as well as international disgrace! Your case is far, far, far worse. I am behind y'all all the way!
Wishing you the very best of luck,
Hannah Zdansky
Hannah,
Thanks for your well-wishes. We have many good people on our side trying to settle this. Keep checking here for updates.
Certainly it is human rights violation and unfair to the 4 year old boy. I pray for the best solution in this situation.
You must be so stressed by this. As someone who knows Aidan (I work at his school), you have our full support. This is an appalling way to treat children.
Strength to you and Erin and Aidan as you handle this issue. It is starting to get press here so at least it's becoming public information. Hopefully this will lead to a resolution soon.
The policy regarding educating the children of international students is obscene and disgraceful. I am opposed to the lax immigration controls in this country. However, your case has nothing to do with immigration. Your wife and child are here legally and it is the moral and constitutional duty of this State to provide education for your child. In addition, to threaten deportation was uncalled for. That person should be sacked. He is a disgrace to this country.
James, Erin and Aidan,
Your story is posted today on the METRO - (Dublin's free morning issue) and occupied my head for quite sometime. I am not in a position to assisst, but I wish you strength on it and hopefully you will go through it in a rewarding manner. It is something You would like to read from a society among the civilized societies. I do realy think that Ireland needs to review its regulations on immigration and also improve the customer service on Immigration, so that people are treated with dignity. I would like to followup the developments in your case
This is really sad, it reminds where I live that we have lots of Iraqis here now because they got threatened to death because of the current situation and now they can't enrol in school and they can't work and they only spend the rest of the money they have (sicne they already left their homes, cars and every kind of money resource since they had to leave Iraq) for living here, they are really in a big trouble too and no one care about them, even the educated culture of them like doctors can't work here or they work at a hospital then the hospital pay them nothing, in fact the Iraqi doctors pay the hospital money to work for them just to stay updated with medicine!
what a sad situation!, some of us try to help them but it is out of our power, we can do nothing for them!
Good luck to you,
Regards.
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How DARE they!!!!
Dear Parents of Aiden: Pray is Powerful. Trusting and Believing in the Higher Power DOES prevail.
Thank you for your kind words.