Following on from yesterday's post, I asked a colleague in the Law School here about this issue. He suggested that the answer might lie in the idea that no right to abode is absolute. Theoretically, British citizens could be denied that right too. The problem is that since, under international agreements, a state can't render a person stateless. So the UK can't restart its 'send the convicts down under' policy. But, if this is the answer, it's not entirely satisfactory. If 'references in any Act of Parliament, other enactment or instrument whatsoever, whether passed or made before or after the passing of this Act, to foreigners, aliens, foreign countries...shall be construed' as if Ireland is not a foreign country, then how can practice be different for UK and Irish citizens?
Moreover, this raises some interesting questions about here? Northern Ireland works under the Good Friday Agreement treaty, but nonetheless a few questions are worth asking:
1. Does an Irish citizen deported from GB have a right to reside in Northern Ireland?
2. Does a Northern Ireland judge have a right to deport an Irish citizen to the Republic (even if they are actually from Northern Ireland?)?
3. What is the legal status of the deportations (that do happen) of people from GB to Northern Ireland? Is it the same as deportation to the Republic or different?
Answers on a postcard or in a comment box please!!!
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