Aidan O’Neill QC intervened in case of rights of children in Ermira Bajratari v SSHD


Aidan O’Neill QC intervened on behalf of AIRE Centre in the case of Ermira Bajratari v Secretary of State for the Home Department [C-93/18] AG’s opinion, to argue the central importance of the rights of the children at issue.

This is in reference to the CJEU from the Court of Appeal of Northern Ireland, referring to two questions relating to whether the EU citizen children could rely upon the fact that their third country non-EU national father was working and earning an income in a job, in respect of which he no longer had permission to work in from the Member State. He was therefore illegally employed. The question for the court is whether this could be taken into account to show that the children were not a burden on the social security system of the Member State.

The AIRE Centre emphasised that the two questions which have been posed by the referring court concern respect for the rights, and – protection of the interests, of three young children who are all living together, as a family, with their parents, a married couple who are themselves jointly raising their children together in Belfast where all three children had been born (and the elder two children had, relying on the provisions of the British Irish Agreement underpinning the Good Friday/Belfast Agreement settlement), obtained Irish citizenship which was therefore the hook into EU law.

The Opinion of the AG Szpunar largely answers the question in the manner which the AIRE Centre argued for, which can be found here.