'Are undocumented migrants condemned to remain invisible as persons before the law?'

Abstract

In this dissertation, it was shown that the modem undocumented migrant is to be found ever deeper in invisible activities, and increasingly in the form of the undocumented migrant female domestic worker meeting the demands of the demographics of modem society. The undocumented migrant is subject to layers of illegality which make it very difficult to align with the legal system at any level to secure meaningful redress, with some notable exceptions, in particular in the areas of access to health and education. Thereappears to be a slowly evolving jurisprudence in favour of applying fundamental legal rights to undocumented migrants, however, there is ongoing uncertainty in Irish jurisprudence. Bold initiatives are required to bring real improvement to the recognition of the undocumented migrant as a person before the law.

The research undertaken showed apparent difficulties in how principles of fundamental rights of the migrant are translated from the level of international law to domestic legislation and court rulings, in part due to the different treatment of citizenship in different parts of the world, and also through the complex interplay between the rights of migrants and the sovereignty of countries. Through the application of socio-legal, comparative-interpretative, and reform oriented methodological approach, the undocumented migrant was analysed as the subject matter of recognition and of legislation. The language used in regard to undocumented migrant can have a profound effect on public, media and policy makers' discourse. This dissertation regards the term 'undocumented migrant' to be most balanced, fair and least prejudicial.

The results of the research conducted reaffirmed that the situation of the undocumented migrant is tremendously complex and nuanced. The author found no easy solutions which would achieve a workable balance in the recognition of the undocumented migrant before the law. The author recommends the development of the principle of 'full protection' using amendment of the rules of the locus standi in Ireland and, exploring the prospects in the norms of jus cogens.