A COUPLE have been granted permission by the High Court to challenge a refusal to allow their infant daughter return here following a visit to her grandparents in China.
Jiayi Shao, who was born in Ireland and is almost four, was refused permission to re-enter the country after going to stay temporarily with her grandparents in 2009.
Meijiao Yu and her husband Xiao Shao, who are legally resident in Clondalkin, Dublin, claim the family has been torn apart as a result of the decision.
Today, Ms Justice Maureen Clark granted leave to the family to challenge the decision by the Minister for Justice and Equality refusing the child re-entry.
The couple came here as students around ten years ago and were granted extensions to their student permits allowing them to study and work here.
Jiayi was born in May 2009 and, when she was four months old, the couple decided to send her to live with her paternal grandparents for a short time.
She was refused re-entry because the permit scheme does not allow for children to join them. It also does not provide an exemption for children born in Ireland.
They are seeking a number of court orders including the quashing of the 2004 Student Probationary Extension Scheme, under which they were granted the right to work and study here, claiming it wrongly precludes them from applying for reunification with family members who are resident outside the State.
They are seeking an order overturning a decision of the Minister, notified to them on March 19 last, refusing their daughter a visa allowing her to travel here. They claim the decision is in breach of their family rights under the Constitution and under the European Convention on Human Rights.
The couple are working, have not relied on social welfare and are in a position to support their daughter and pay for their own health insurance, the court was told.
The case comes back before the court next month.