Written answer
Immigration Policy
2631. Deputy Conor Sheehan asked the Minister for Justice, Home Affairs and Migration the mechanism available for a minor Irish citizen and their mother (details supplied) to assert their rights of residency under article 20 TFEU in Ireland. [63987/26]
Comment on this
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/
As an Oireachtas member, you can also request the status of individual immigration cases by e-mail, using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process.