TA & ors v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2024] IEHC 694
Nature of Proceedings:Judicial review
Judgment Date/s:04 Dec 2024
Judge:O’Regan, M.
Category:Visa
Keywords:Child, Citizenship, Citizenship (Acquisition of), Family Life (Right to), Family Reunification, Family Unity (Right to), marriage
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/fc3cb44a-854a-4eca-9224-4fb186f1cda1/2024_IEHC_694.pdf/pdf#view=fitH

Facts: The husband is an Afghan national, who fled to Ireland in 2006 and naturalised as an Irish citizen in 2021. His wife, who he married in 1998, and four children were resident in Iran and then applied for international protection in Turkey in 2021. The wife and four children applied for long stay visas to come to Ireland in … Read More

Principles:When deciding on visa applications in the context of family reunification for a married couple, due regard should be had to the rights of the applicants under Article 41 of the Constitution, the ability of the couple to cohabit and due respect should be given to the institution of marriage.
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A.Z. & ors v the Minister for Justice and Equality

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Respondent/Defendant:A.Z., M.Z. and C.Z. (a minor suing by his mother and next friend M.Z.)
Court/s:Supreme Court
Citation/s:[2024] IESC 35
Nature of Proceedings:Appeal
Judgment Date/s:25 Jul 2024
Judge:Woulfe, S. Dunne, E. Hogan, G. Collins, M. Donnelly, A.
Category:Deportation
Keywords:Best interests of the child, Child, Citizenship, Deportation, Deportation Order, Family (Nuclear), Family Member, Family Unity (Right to), Illegal Stay, Return
Country of Origin:Albania
URL:https://www.courts.ie/acc/alfresco/5e689789-56c6-481a-b63b-b74248a1d14b/2024_IESC_35_(Woulfe%20J).pdf/pdf#view=fitH
References:In Re JJ [2020] IESC 1, Oguekwe v Minister for Justice, Equality and Law Reform [2008] IESC 25, [2008]

Facts: A.Z. was an Albanian national who arrived to Ireland irregularly in 1995 and worked without a work permit for a number of years using an alias. He met M.Z., an Irish citizen, in 2005, and they had a child, C.Z., in 2007. A.Z. is the primary caregiver for his son, C.Z., who has a number of additional needs relating … Read More

Principles:Article 42A.1 of the Irish Constitution requires that the Minister have regard to the child’s best interests as a primary consideration in the context of a parent’s deportation order and must therefore engage with the child’s constitutional rights. Thus, in the context of the proportionality exercise conducted when deciding deportation cases, the Minister must give primary consideration to a child’s best interests when weighing the various relevant factors.
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M v Minister for Justice

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Respondent/Defendant:Minister for Justice
Citation/s:[2024] IEHC 105
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Feb 2024
Judge:O’Regan, M.
Category:Naturalisation
Keywords:Carltona Principle, Child Labour, Citizenship, Good character, Naturalisation
Country of Origin:South Africa
URL:https://www.courts.ie/acc/alfresco/5bad7f26-6c46-419e-84aa-da1e670683fa/2024_IEHC_105.pdf/pdf#view=fitH
References:Hussain v Minister for Justice [2011], WT & ors v Minister for Justice [2015]

Facts: The applicant, a South African national, moved to Ireland in 2001 and applied for a certificate of naturalisation in 2017. This was refused in 2022 on the grounds that the applicant did not meet all of the statutory conditions contained in section 15, Irish Nationality and Citizenship Act 1956 and specifically, the good character criterion. This was due to … Read More

Principles:Repeat offending even if over a protracted period of time can be understood as not in line with ordinary civic duties and responsibilities generally expected in order to meet good character requirements for a naturalisation application. The Carltona Principle, allowing the Minister to delegate powers, applies to decisions under section 15 of the Irish Nationality and Citizenship Act 1956.
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T.R.I. (a minor suing by his mother and next friend LB) v the Minister for Foreign Affairs and Minister for Justice

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Respondent/Defendant:The Minister for Foreign Affairs and the Minister for Justice
Court/s:High Court
Citation/s:[2024] IEHC 96
Nature of Proceedings:Judicial review
Judgment Date/s:21 Feb 2024
Judge:Bolger, Marguerite
Category:Citizenship
Keywords:Citizenship, Naturalisation, Protection (Person Eligible for Subsidiary), Protection (Subsidiary), Protection Status (Subsidiary), Residence Permit
URL:https://www.courts.ie/acc/alfresco/36d60b60-b600-4311-a7bd-9108eb22ffb7/2024_IEHC_96.pdf/pdf#view=fitH
References:AJK v The Minister for Defence [2020]

Facts: The applicant was a child who was born in Ireland and whose mother held subsidiary protection status in the State. The child’s mother applied for an Irish passport for the child relying on section 6A(2)(d)(i) of the Irish Nationality and Citizenship Act 1956. Section 6A(1) of the 1956 Act provides that a person who was born in Ireland shall … Read More

Principles:The period of residence of subsidiary protection holders is temporally restricted. The children of subsidiary protection holders therefore cannot rely on s. 6A (2)(d)(i), Irish Citizenship and Nationality Act 1956 to apply for citizenship.
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NZ & ors v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice, Ireland
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:03 Oct 2023
Judge:Phelan, S.
Category:Visa
Keywords:Charter of Fundamental Rights of the European Union, Child, Citizenship, European Convention on Human Rights (ECHR), Family (Nuclear), Family Reunification, Family Unity (Right to), Marriage of Convenience, Naturalisation, Visa
Country of Origin:Pakistan
URL:https://www.courts.ie/view/judgments/2c4a0156-96b1-4406-aea5-974d177175f8/47bd6fa5-1c6a-4229-b8f0-294d5fac50fa/2023_IEHC_545.pdf/pdf
Geographic Focus:Ireland, Pakistan

Facts: SMR was born in Pakistan and married an Irish national in 2004. In 2005, he moved to Ireland and he is now a naturalised Irish citizen. The couple had two children, who are Irish citizens. The applicant submitted that his marriage was subsequently dissolved in accordance with Pakistani law around 2011 and he has custody of the children. In … Read More

Principles:When deciding whether to issue a join family visa to the child of an Irish citizen, consideration must be given the child’s rights under Articles 40 to 42A of the Irish Constitution and a balancing exercise must be conducted between the child’s rights and the State’s interests and the common good.
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A, B and C v Minister for Foreign Affairs and Trade

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A, B and C v Minister for Foreign Affairs and Trade
Respondent/Defendant: Minister for Foreign Affairs and Trade
Court/s:High Court, Supreme Court
Nature of Proceedings:Appeal
Judgment Date/s:09 May 2023
Judge: Murray B., Dunne E., Charleton P., Woulfe S., Hogan, G.
Category:Citizenship
Keywords:Child, Citizenship
URL:https://www.courts.ie/acc/alfresco/d2f91f33-75a6-4b89-b779-e87c317192e1/2023_IESC_10_(Murray%20J).pdf/pdf www.courts.ie/view/judgments/1a5028e3-c561-47e2-b4e2-a16c28641cfa/0c34f016-43f4-4c54-8975-d475088778e0/2023_IESC_10_(Hogan%20J).pdf/pdf

Facts: A and B were a same sex couple who lived in England and had a child through gestational surrogacy. The child was conceived using eggs donated by an anonymous donor inseminated with sperm from B. The surrogate was named as the child’s mother on the birth certificate, along with B as the child’s father. The couple, A and B, … Read More

Principles:The term “parent” in section 7(1) of the Irish Nationality and Citizenship Act 1956 must be interpreted to refer to the genetic father of the child and the birth mother.
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A.J.A. v Minister for Justice and Equality

EMNireland


AJA v the Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Nov 2022
Judge: Simons G.
Category:Naturalisation
Keywords:Citizenship, Citizenship (Acquisition of), Country of Nationality, Naturalisation
Country of Origin:Somalia
URL:https://courts.ie/acc/alfresco/ed387a08-4017-4bec-9a04-a43dab31dfff/2022_IEHC_624.pdf/pdf#view=fitH

Facts: The applicant was a national of Somalia who applied for naturalisation in Ireland. The naturalisation application included a Somalian passport in the applicant’s name. The applicant’s solicitor subsequently informed the Minister of the circumstances in which the passport was obtained and submitted that the applicant was unsure as to its genuineness. It was submitted that she obtained the passport … Read More

Principles:Where there are serious and damaging allegations in a submission or recommendation used to make a decision such as that on a naturalisation application, basic fairness and natural justice requires that any information that may assist in dispelling concerns about an applicant’s good character should be highlighted for the decision maker.
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UM v the Minister for Foreign Affairs & anor

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M v the Minister for Foreign Affairs & anor
Respondent/Defendant:The Minister for Foreign Affairs and Passport Appeals Officer David Barry
Court/s:Supreme Court
Citation/s:[2022] IESC 25
Nature of Proceedings:Appeal
Judgment Date/s:02 Jun 2022
Judge: Dunne E.
Category:Citizenship, Citizenship (Loss of), Refugee Law
Keywords:Citizenship, Citizenship (Acquisition of), Citizenship (Loss of), Dependant, Family Member, Refugee, Refugee Status (Withdrawal of)
Country of Origin:Afghanistan
URL:https://courts.ie/view/judgments/489c8348-eefe-4710-ad77-5d07c5900dfe/c6e228ba-8511-496c-bfcf-97e1fb6be228/2022_IESC_25_Dunne%20J.pdf/pdf

Facts: UM was born in Galway in June 2013. His father, MM, an Afghan national, was declared a refugee in in Ireland in 2006. In June 2013, MM was informed by the Department of Justice of an intention to revoke his refugee status on grounds including that he had returned to Afghanistan and stayed there for two months and that … Read More

Principles:Revocation of refugee status has prospective effect. A residence status conferred by the State on a parent based on false or misleading information could, under the terms of the relevant legislation, be included for the calculation of the period required to confer an entitlement of citizenship to their child.
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Damache v Minister for Justice

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Damache v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2021] IESC 6
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:10 Feb 2021
Judge:Dunne E
Category:Citizenship
Keywords:Citizenship, Citizenship (Loss of), Naturalisation
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/e8e35474-4125-4e5e-8023-5a69ee31a436/2021_IESC_6.pdf/pdf#view=fitH

Facts: The applicant was an Algerian national who had been granted a certificate of naturalisation but subsequently pleaded guilty in the United States to a charge of materially assisting in an Islamist terrorist conspiracy. The Minister subsequently issued a proposal to revoke the applicant’s naturalisation on the basis that he had failed in his duty of loyalty and fidelity to … Read More

Principles:Section 19(2) and (3) of the Irish Nationality and Citizenship Act 1956 were invalid having regard to the provisions of the Constitution. Before any revocations could take place it would be necessary to introduce a new process which meets the requirements of natural justice. Given that there was a statutory scheme in place, it would be appropriate for the Oireachtas to determine the basis of any proposed scheme to replace that which has been found wanting, whether the process should be dealt with by way of statutory amendment or alternatively, by way of statute empowering the Minister to create an administrative scheme.
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Damache v Minister for Justice

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Damache v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 63
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:14 Oct 2020
Judge:Dunne E
Category:Citizenship
Keywords:Citizenship, Citizenship (Loss of), Naturalisation
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/9f6e2c6d-eb77-4c9f-ad57-fffe7ffc65f6/2020_IESC_63.pdf/pdf#view=fitH

Facts:  The applicant was an Algerian national who had been granted a certificate of naturalisation but subsequently pleaded guilty in the United States to a charge of materially assisting in an Islamist terrorist conspiracy. The Minister subsequently issued a proposal to revoke the applicant’s naturalisation on the basis that he had failed in his duty of loyalty and fidelity to … Read More

Principles:Section 19 of the Irish Nationality and Citizenship Act 1956 was unconstitutional because it did not provide the procedural safeguards required to meet the high standards of natural justice applicable to a person facing revocation of naturalisation by reason of the absence of an impartial and independent decision maker.
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MAM and KN v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 32
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:19 Jun 2020
Judge:MacMenamin J
Category:Refugee Law
Keywords:Citizenship, Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Somalia and Uzbekistan
URL:https://www.courts.ie/acc/alfresco/5233d3ad-29b9-4f07-9536-65eb166a1784/2020_IESC_32.pdf/pdf#view=fitH

Facts The issue raised in these proceedings was effectively whether a refugee who subsequently acquired Irish citizenship by naturalisation lost the right to family reunification pursuant to section 18 of the Refugee Act 1996. The evidence before the court was that between 2010 and 2017 the Minister for Justice accepted applications for family reunification from refugees who had acquired Irish … Read More

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Jones v Minister for Justice

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Jones v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Court of Appeal
Citation/s:[2019] IECA 285
Nature of Proceedings:Judicial review/Appeal
Judgment Date/s:14 Nov 2019
Judge:Whelan M
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Australia
URL:https://www.courts.ie/acc/alfresco/31702c60-3d89-4ff8-a581-5ba6454fa1cf/2019_IECA_285_1.pdf/pdf#view=fitH

Facts Section 15(1) of the Irish Nationality and Citizenship Act 1956, as amended, provides, inter alia, that “Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant … (c) has had a period of one year’s continuous residence in the State immediately before the date … Read More

Principles:The term “continuous residence” should be given its ordinary and natural meaning and the Minister was entitled to adopt a policy that permitted up to six weeks’ absence from the State per year while remaining continuously resident in the State for the purposes of an application for naturalisation.
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AA v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:Court of Appeal
Citation/s:[2019] IECA 272
Nature of Proceedings:Judicial review/Appeal
Judgment Date/s:29 Oct 2019
Judge:Baker M
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Sudan
URL:https://www.courts.ie/acc/alfresco/6fa3e072-a7c6-4342-9192-40c3aeace2fb/2019_IECA_272_1.pdf/pdf#view=fitH
Geographic Focus:Sudan

Facts: the applicant was a Sudanese national who unsuccessfully applied for asylum in the State but was subsequently granted permission to reside in the State on the basis of marriage. The applicant had two children with her husband, both of whom were Irish citizens, and subsequently applied for naturalisation. The application was refused by the Minister on the basis that … Read More

Principles:The Minister was not entitled to refuse an application for naturalisation on good character grounds because the applicant had made an unsuccessful application for asylum in circumstances where her appeal against the refusal of refugee status was ultimately withdrawn because she had been granted permission to reside in the State on the basis of marriage.
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Iurescu v Minister for Justice

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Iurescu v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 535
Nature of Proceedings:Judicial review
Judgment Date/s:19 Jul 2019
Judge:Keane D
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Moldova
URL:https://www.courts.ie/acc/alfresco/7370d5f8-1ca9-4176-afe6-a1eb665136e1/2019_IEHC_535_1.pdf/pdf#view=fitH

Facts: The applicant was a child whose father submitted an application for naturalisation on her behalf under section 15 of the Irish Nationality and Citizenship Act 1956. The Minister refused the application on the basis that the applicant’s father did not satisfy the “good character” requirement because he had a number of convictions. The applicant’s mother challenged the decision to … Read More

Principles:The Minister was not entitled to refuse an application for naturalisation behalf of a child on good character grounds because the child’s parent is not of good character.
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Jones v Minister for Justice

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Jones v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 519
Nature of Proceedings:Judicial review
Judgment Date/s:11 Jul 2019
Judge:Barrett M
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Australia
URL:https://www.courts.ie/acc/alfresco/85b79577-5e85-4c3c-bbc8-f32d8bd114c4/2019_IEHC_519_1.pdf/pdf#view=fitH

Facts Section 15(1) of the Irish Nationality and Citizenship Act 1956, as amended, provides, inter alia, that “Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant … (c) has had a period of one year’s continuous residence in the State immediately before the date … Read More

Principles:For the last year prior to a naturalisation application an applicant must show a one-year period of residence in Ireland that is unbroken, uninterrupted, connected throughout in space or time.
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Damache v Minister for Justice

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Damache v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 444
Nature of Proceedings:Judicial review
Judgment Date/s:31 May 2019
Judge:Humphreys R
Category:Citizenship
Keywords:Citizenship, Citizenship (Loss of), Naturalisation
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/790861e8-22ef-44de-9e1b-8401147bed00/2019_IEHC_444_1.pdf/pdf#view=fitH

Facts The applicant was an Algerian national who had been granted a certificate of naturalisation but subsequently pleaded guilty in the United States to a charge of materially assisting in an Islamist terrorist conspiracy. The Minister subsequently issued a proposal to revoke the applicant’s naturalisation on the basis that he had failed in his duty of loyalty and fidelity to … Read More

Principles:Section 19 of the Irish Nationality and Citizenship Act 1956 was not unconstitutional or incompatible with the European Convention on Human Rights.
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MAM and KN v Minister for Justice

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MAM and KN v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Court of Appeal
Citation/s:[2019] IECA 116
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:29 Mar 2019
Category:Refugee Law
Keywords:Citizenship, Family Reunification, Refugee
Country of Origin:Somalia and Uzbekistan
URL:https://www.courts.ie/acc/alfresco/0d59dddf-24bc-4f10-9b06-6e9055bdfc78/2019_IECA_116_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts The issue raised in these proceedings was effectively whether a refugee who subsequently acquires Irish citizenship by naturalisation lost the right to family reunification pursuant to section 18 of the Refugee Act 1996. The evidence before the court was that between 2010 and 2017 the Minister for Justice accepted applications for family reunification from refugees who had acquired Irish … Read More

Principles:A refugee who has acquired Irish citizenship by naturalisation is no longer eligible for refugee family reunification.
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Agha v Minister for Social Protection; Osinuga v Minister for Social Protection

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Respondent/Defendant:Minister for Social Protection
Court/s:Court of Appeal
Citation/s:[2018] IECA 155
Nature of Proceedings:Appeal
Judgment Date/s:06 May 2018
Judge:Hogan G.
Category:Citizenship, Refugee Law
Keywords:Asylum, Child, Citizenship, Citizenship (Acquisition of), Discrimination (Indirect), Equal Treatment (Principle of), Immigration, Migrant (Irregular), Refugee, Refugee Law
Country of Origin:Afghanistan, Nigeria, Ireland
URL:https://www.courts.ie/acc/alfresco/1117d422-fc42-41fe-8c30-88f03e2d04a5/2018_IECA_155_1.pdf/pdf#view=fitH
Geographic Focus:Other

xAgha v Minister for Social Protection; Osinuga v Minister for Social Protection Agha; Osinuga Minister for Social Protection Facts: The appellants were two sets of parents who were refused payment of child benefit due to their immigration status. In the Agha case, the parents were Afghan nationals who arrived in Ireland in 2008. They lived in direct provision and had … Read More

Principles:

There was no objective justification for the statutory exclusion of an Irish citizen resident in the State from eligibility for child benefit prior to the grant of status to her mother in January 2016. Accordingly, this statutory exclusion constituted a breach of the equality provisions of Article 40.1 of the Constitution.

The statutory requirement that a qualifying parent for the purposes of social welfare payments must also have a legal entitlement to reside in the State was not unconstitutional. The key issue was that of citizenship. The Oireachtas was entitled to attach conditions to the eligibility for social welfare of a non-national whose entitlement to reside in the State was contingent on a statutory entitlement. However, social welfare was payable in respect of a person from the date of the grant of refugee status in accordance with Article 28 of the Qualification Directive and insofar as Irish law precluded this payment based on the status of the child’s parents, this was incompatible with EU law.

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NA (Somalia) and UM (Afghanistan) v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:10 Nov 2017
Judge:Steward C.
Category:Citizenship, Refugee Law
Keywords:Citizenship, Citizenship (Loss of), Refugee, Refugee Status (Withdrawal of)
Country of Origin:Somalia/Afghanistan
URL:https://www.courts.ie/acc/alfresco/2083e39b-b08f-4d17-b54a-a7072cd52580/2017_IEHC_741_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: In the first case, the first named applicant, a Somali national, arrived in the State in 2004. She married another Somali national and was granted residence permission based on his refugee status, which he acquired in June 2008. His refugee status was revoked in October 2011 under s.21(1)h of the Refugee Act 1996, on grounds that the information provided … Read More

Principles:

Revocation of a person’s grant of refugee status on the basis of false and misleading information had the effect of rendering that grant void ab initio. It also had the legally unavoidable effect of rendering the grant of Irish citizenship to the children of such persons null and void.[2017] IEHC 741

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MY and Others v Minister for Justice and Others (No. 2)

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Respondent/Defendant:Minister for Justice, Equality and Law Reform, Attorney General and Ireland
Court/s:High Court
Citation/s:[2015] IEHC 7
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Jan 2015
Judge:MacEochaidh J.
Category:EU Treaty Rights, Refugee Law
Keywords:Citizenship, Employment, EU Treaty Rights, Minor, Refugee
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/3eac6f17-9a1c-46f2-a49f-f3f0b1f8c013/2015_IEHC_7_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first and second applicants were a married couple from Pakistan residing in Ireland with their three children. They sought inter alia declarations that the first and second applicants, twins born to them in Ireland in 2005, had lawfully resided in the State since the birth of their first child, the third applicant, in 2002, as to render their … Read More

Principles:

The CJEU’s decision in Zambrano and subsequent related cases is to be interpreted as meaning that non-nationals who are unlawfully present in Ireland do not acquire lawful status from the birth of a child who happens to be an Irish/EU citizen.

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