G.E.O. (Nigeria)(an Infant) v The Minister for Justice & Equality

CourtHigh Court
JudgeMr. Justice Richard Humphreys
Judgment Date08 March 2018
Neutral Citation[2018] IEHC 131
Docket Number[2017 No. 771 J.R.]
Date08 March 2018

[2018] IEHC 131



Humphreys J.

[2017 No. 771 J.R.]




Asylum, Immigration & Nationality – Denial of subsidiary protection – Issue of passport – Deportation order – S. 3(11) of the Immigration Act 1999 – S.19 of the Refugee Act 1996 – The Data Protection Act 1988 – Certificate of nationality – S. 28 of the Irish Nationality and Citizenship Act 1956.

Facts: The applicant/minor sought declarations regarding the implementation of the deportation order and the legal position in relation to the questions raised by the proceedings. The respondents contended that the proceedings were brought in ignorance of s. 28 of the Irish Nationality and Citizenship Act 1956. The applicant also accepted that he was not aware of s.28 of the Act when the proceedings were instituted. The key issue related to the non-cooperation of the father of the applicant due to which the applicant was precluded from furnishing necessary information for obtaining a passport. The respondents asserted that the applicant had an alternative remedy to obtain a certificate of nationality under s. 28 of the Act of 1956. The respondents submitted that the onus of proof of the descent of the applicant from a lawful resident being his father rested on the applicant.

Mr. Justice Richard Humphreys dismissed the proceedings. The Court observed that the remedy under s. 28 was more appropriate for the applicant than the present judicial review application. The Court held that it was accepted by the respondents that the applicant would not be disadvantaged in the s. 28 application despite being unsuccessful in the present proceedings.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 8th day of March, 2018

The applicant's mother arrived from Nigeria in 2006. Her asylum and subsidiary protection applications were refused and a deportation order was made against her on 8th November, 2007. The mother says she formed a relationship with a Mr. G.N., as a result of which the applicant was born. The relationship broke up; seemingly as a result.


The applicant was born on 18th June, 2012 and now claims to be an Irish citizen by virtue of s.6A of the Irish Nationality and Citizenship Act 1956 as inserted by the Irish Nationality and Citizenship (Amendment) Act 2004, section 4. The general rule is set out in s.6A(1) that ' A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years.' That rule is subject to a complex series of qualifications set out in the section.


The applicant contends that (a) Mr. G.N. is his father and (b) Mr. G.N. was lawfully resident in the State for three years prior to the birth. The next friend says she has attempted to obtain evidence of this and has written to the applicant's father (without reply), made representations to the Minister and made a number of applications to the District Court, which I will come to.


On 20th March, 2013 the Irish Naturalisation Immigration Service said in relation to the mother's application to remain on the basis of parentage of an Irish citizen child that it was a fundamental requirement to submit evidence of identity and nationality in the form of a current valid passport. On 26th July, 2013, the District Court made a maintenance order and a further order on 21st November, 2013 as against Mr. N. The court made an order dispensing with his consent to the issue of passport on the 30th February, 2014 and directed the issue of the passport by order of the 4th March, 2014. Subsequently, the Minister reiterated the need for the production of a passport; for example by letter dated the 13th January, 2015.


A separate deportation order was made in respect of the applicant on 22nd January, 2016, which was not challenged in accordance with s.5 of the Illegal Immigrants (Trafficking) Act 2000, or indeed at all.


On 14th July, 2017 the Department of Foreign Affairs and Trade wrote in relation to a passport application for the applicant stating that they required the father's passport showing reckonable residency stamps from 18th June, 2008 to 18th June, 2012 or a letter from the GNIB giving information as to the reckonable residency stamps.


On 9th August, 2017 the Minister rejected an application to revoke the deportation orders under s. 3(11) of the Immigration Act 1999, and again that decision was not challenged.


On 5th October, 2017 the applicant's solicitors wrote to INIS requesting a letter in relation to the father's residency, and similar correspondence was also sent to the GNIB. On 9th October, 2017 the GNIB replied indicating that the Data Protection Act 1988...

To continue reading

Request your trial
1 cases
  • Mun v The Minister for Justice and Equality
    • Ireland
    • High Court
    • May 10, 2018
    ...Appeals Tribunal [2009] IEHC 18 (Unreported, McMahon J., 13th January, 2009), G.E.O. (Nigeria) v. Minister for Justice and Equality [2018] IEHC 131 [2018] 3 JIC 0807 (Unreported, High Court, 8th March, 2018). It is procedurally inappropriate to quash the decision on a basis that was not put......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT