Courts / Ireland / Report
Asylum seeker challenges Minister's refusal to pay child benefit to Irish-born child
Summary
The mother of an Irish‑born child with a genetic disorder has filed a High Court action against the Minister for Social Protection, challenging the Minister's refusal to pay child benefit on the grounds that she lacks a right to reside in Ireland. The mother, who is Nigerian, and her daughter are living in direct provision accommodation. The child requires ongoing medical treatment, and the mother receives €43 per week plus food and accommodation, making it difficult to meet the child's needs. The mother's father, a Nigerian‑born Irish citizen, occasionally visits and gives small sums of money. In her sworn statement, the mother expressed confusion over the child's treatment. Counsel argues that the child has a right to reside in Ireland and that the refusal contravenes EU law and the best interests of the child. The action seeks to quash the Minister's decision and declare the relevant provisions of the 2005 Social Welfare Consolidation Act unconstitutional.
Who, what, where, when and why
What: Report matter: Asylum seeker challenges Minister's refusal to pay child benefit to Irish-born child. Procedural stage: hearing_or_decision
When:
- 2015-12-07 Publication
Case subjects
Applicant
Outcome: The judge adjourned the matter to a date in January.
Places mentioned
- High Court
Topics
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