Daily Mirror (Northern Ireland)

WE’LL FIGHT ON AFTER IRISH IDENTITY RULING

Couple’s vow as Home Office appeal upheld

- BY DAVID YOUNG

A WOMAN who lost a challenge against a Home Office ruling that she is British by birth has vowed to continue her legal battle.

Emma Desouza, from Magherafel­t, Co Derry, accused the Government of failing to honour the “spirit of the Good Friday Agreement” that states people from Northern Ireland can identify as British, Irish or both.

Ms Desouza, who insists she is Irish and has never been British, claimed the Home Office’s “hardline” approach was an attempt to restrict access to EU entitlemen­ts in Northern Ireland post-brexit.

It won an appeal yesterday against an immigratio­n tribunal case that had originally upheld Ms Desouza’s right to declare herself as Irish without first renouncing British citizenshi­p.

The long-running wrangle centres on her applicatio­n for a residence card for her Us-born husband Jake Parker.

After the Upper Tribunal ruling, Ms Desouza pledged to take her case to the Belfast Court of Appeal.

She said: “After four years it’s safe to say we won’t be lying down anytime soon. During that time we have had a lot of personal losses – we have lost family members, we have lost time with our families, we have lost opportunit­ies, we have lost the first four years of our marriage, so we are certainly not going to go quietly into the night with this decision.”

In 2015, Ms Desouza made the residence card applicatio­n identifyin­g herself as an Irish citizen. The Home Office rejected it on the grounds it considered her British.

Officials told her she could either reapply identifyin­g herself as such, or renounce her UK citizenshi­p and reapply as an Irish citizen.

She argued she never considered herself British, so how could she renounce citizenshi­p she never had.

During the stand-off, the Home Office retained her husband’s passport for two years – forcing him to quit a band as he could not tour and preventing him attending his grandmothe­r’s funeral in the US.

Ms Desouza took a legal challenge and won, with a judge at a First Tier Immigratio­n Tribunal ruling in 2017 she was an “Irish national only who has only ever been such”.

The Home Office appealed the decision at an Upper Tribunal hearing earlier this year.

Those judges found in its favour.

Government lawyers argued the British Nationalit­y Act 1981 was the relevant legislatio­n, not law flowing from the GFA.

They highlighte­d the provisions on citizenshi­p outlined in the document, which was struck between Stormont parties and the UK and Irish government­s, had not been incorporat­ed into the correspond­ing piece of domestic legislatio­n linked to 1998 Northern Ireland Act peace treaty.

The Government said the British Nationalit­y Act ruled anyone born in the province was automatica­lly such until such time as they renounce that citizenshi­p.

Yesterday, Ms Desouza said her case will have implicatio­ns for EU citizens post-brexit.

She added: “You have to wonder if this hard-line approach from the British Government is so they can find a way to remove and restrict access to EU rights and entitlemen­ts in Northern Ireland.

“No doubt it is complicate­d to deal with the fact there are 1.8 million people with the birth right to Irish citizenshi­p and, through that, EU rights.

BELFAST YESTERDAY

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 ??  ?? DEFIANT Emma Desouza & Jake Parker DEFEAT Emma and Jake at Belfast court yesterday
DEFIANT Emma Desouza & Jake Parker DEFEAT Emma and Jake at Belfast court yesterday
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