Tusla breached ‘explicit and unambiguous’ duty, says Supreme Court as it dismisses appeals

The Supreme Court has ruled that Tusla, the Child and Family Agency in Ireland, breached its explicit and unambiguous duty to protect children's rights by failing to provide adequate support to a mother who was seeking asylum with her child. The court dismissed two sets of High Court orders that had been appealed by Tusla against the mother's right to remain in Ireland and access to legal representation.

The case involved a mother from Eritrea who arrived in Ireland in 2017 with her six-year-old son. She sought asylum, but her application was refused on the grounds that she had not provided sufficient evidence of persecution in her home country. The mother then applied for judicial review of Tusla's decision to remove her from Ireland and place her child in foster care.

The High Court ordered Tusla to provide the mother with legal representation and to allow her to remain in Ireland while her asylum application was being processed. However, Tusla appealed the order, arguing that it was not in the best interests of the child to have the mother present during the asylum process.

The Supreme Court dismissed Tusla's appeal, ruling that the High Court's order was based on clear and unambiguous legal principles and that Tusla had breached its duty to protect the child's rights by removing her from Ireland without providing adequate support. The court also ruled that the mother had a right to remain in Ireland while her asylum application was being processed, and that Tusla could not remove her from the country without proper legal authorization.

The ruling is significant because it clarifies the legal rights of asylum seekers and their children in Ireland, and sets a precedent for future cases involving similar issues. It also highlights the importance of Tusla's role in protecting children's rights and ensuring that they receive adequate support during difficult times.