The High Court has ordered the registration of Sergey Chesnokov’s birth in Dublin after allowing his appeal against the Registrar General’s refusal. Mr Justice Hedigan found, on the balance of probabilities, that Mr Chesnokov was born at 5 Henrietta Street on 28 September 1940.
The appeal concerned a decision refusing late registration under the Civil Registration Act 2004. The Registrar General had said the material did not provide sufficient evidence that the birth occurred in Ireland. The court treated the appeal as an appeal on the record, meaning it reached its own conclusion on the evidence without deferring to the Registrar General’s decision.
Mr Chesnokov’s application included a declaration from his aunt, who said she was present at the birth, and declarations concerning her statement. Russian official records—including his birth certificate, marriage certificate and passport—recorded Dublin as his birthplace. A trade union card and driving licence also gave Dublin as his place of birth. The Russian registry office said the original medical birth certificate was no longer held because such records were retained for one year. Attempts to obtain further information from the Red Cross and Irish government departments were unsuccessful.
The Registrar General had questioned the lack of independent evidence and sought more detail about how Mr Chesnokov’s mother and aunt came to Ireland and how the family travelled. The Registrar General also argued that the appeal was late because the final decision had been communicated in July 2013.
The judge held that the final decision was communicated in a letter dated 12 September 2014, after the office reviewed the application again. The appeal, filed on 3 October 2014, was therefore within the 21-day period. The court did not need to extend time.
In assessing the evidence, the judge noted that the documents’ integrity had not been challenged. He considered the absence of more concrete records in light of the wartime circumstances and the passage of time. He concluded that the probability was that Mr Chesnokov was born in Dublin on the stated date and ordered that his birth be registered accordingly.