Facts: The claimants were two parents and their child, who was under the age of two. The parents previously applied for international protection and their applications were unsuccessful. They were then subject to deportation orders. Their child was born in April 2021 and an application was made for international protection in respect of the child. The parents contended that they … Read More
A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)
A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)
| Respondent/Defendant: | International Protection Appeals Tribunal |
| Citation/s: | [2023] IEHC 141 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 23 Mar 2023 |
| Judge: | Simons, G. |
| Category: | Asylum, Refugee Law |
| Keywords: | Asylum Applicant, Child, Child Labour, Common European Asylum System (CEAS), Family Member, Minor, Reception Conditions, Reception Conditions (Material), Regularisation |
| URL: | https://courts.ie/view/judgments/a6ff02c1-775d-46fd-b3d7-e4c89cf081b2/3dfbcb87-96e0-4360-a374-0c4447b6a4bd/2023_IEHC_141.pdf/pdf |
| Principles: | An infant child does not have a right to work in the Irish State, not only under the recast Reception Conditions Directive, but under national law. Thus the parents could not vicariously exercise a right that the child did not hold. The parents also could not derive a right to work from the child applicant. |