Sulaimon (A Minor) v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Supreme Court
Citation/s:[2012] IESC 63
Nature of Proceedings:Appeal
Judgment Date/s:21 Dec 2012
Judge:O’Donnell J, (with whom Denham CJ, Murray J, and Fennelly J agreed), Hardiman J (with whom Murray J agreed)
Category:Citizenship, Residence
Keywords:Child, Citizenship, Citizenship (Acquisition of), Ius soli, Minor, Residence, Residence Permit
Country of Origin:Ireland / Nigeria
URL:https://www.courts.ie/acc/alfresco/a41f4f56-6aeb-49fc-a940-6de892297b03/2012_IESC_63_2.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was a minor and his father applied for an Irish passport on his behalf. This application was made pursuant to Section 6A of the Irish Nationality and Citizenship Act 1956 (as amended) which provides that: “A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that … Read More

Principles:

The Immigration Act 2004 clearly contemplated that at least two permissions may be given under the Act, one by the Minister and another granted by an immigration officer on behalf of the Minister.

The word “permission” in Section 5 did not have a special meaning derived from Section 4 but was used in a more general and ordinary sense. A ministerial permission shall be of the same nature as the permission granted under Section 4 by an immigration officer. 

The Immigration Act 2004, properly construed, recognised that the Minister may grant permission.  The Act does not provide any details about the grant of a ministerial permission and does not set out any procedure for an application for such permission or prescribe any particular formality for such permission or the manner in which it is to be approached.

The structure of the Act conceived that a permission  was separate and distinct from the requirement to register under Section 9 of the Act. Such registration is required of all non-nationals who have already been granted permission to be in the State.  

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