2211. Deputy Donna McGettigan asked the Minister for Justice, Home Affairs and Migration the legal authority that permits the State to decline to determine an asserted directly effective Article 20 TFEU right directly, and instead determine the matter solely under the European Communities (Free Movement of Persons) Regulations 2015; if such authority exists, to identify the specific legal authority relied upon; and if he will make a statement on the matter. [59876/26]

I understand that the Deputy has clarified that the question refers to a specific immigration case.

I can advise the Deputy that the applicant concerned applied for permission to remain in the State pursuant to the Chen/Teixeira/Ibrahim judgments. These judgements apply in circumstances where an EU citizen child has moved to reside in a Member State other than that of their nationality and is accompanied by their primary carer.

These judgments set out rights that are not expressly provided for in the Free Movement of Persons Directive. The application referred to by the Deputy was based on a child who is an Irish citizen. Accordingly, the above judgments were not applicable in the circumstances of the case and the application was refused both at first instance and following review. The decision letter issued to the applicant on 20 July 2026 sets out the reasons for refusal in this regard.

As the parent of an Irish citizen child, it is open to the applicant to apply for permission to reside in the State on that basis. More information is available on the Immigration Service Delivery web site at: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/the-parent-of-an-irish-citizen-child/.