The High Court has rejected a challenge by a Nigerian mother and her dependent son to a decision refusing them permission to remain in Ireland.
AAG-A arrived in Ireland with three children in September 2021 and applied for international protection. After her protection claim and subsequent appeal were unsuccessful, she sought a review of an earlier refusal of permission to remain under section 49(7) of the International Protection Act 2015.
That review was refused in August 2024. The judicial review challenge focused on whether the Minister had properly considered the best interests of her minor son, OEA.
The family’s August 2023 submissions referred to the mother’s integration, education and community involvement. They also recorded that OEA was attending school, had an exemplary attendance record, was doing well academically and played soccer and Gaelic football.
Ms Justice Miriam O’Regan held on 4 March 2026 that the decision was lawful. She noted that the review application itself contained no developed argument identifying where the child’s best interests lay.
The Minister’s decision stated that conclusions relating to the mother would also apply to her dependent child unless otherwise indicated. It separately recorded OEA’s schooling and sporting activities and concluded that refusing permission to the family as a unit would not split the family but would allow family life to continue together in their country of origin.
The judge distinguished earlier cases dealing with deportation decisions that risked separating an Irish citizen child from a parent. This case concerned a refusal of permission to remain, not a deportation order, and no issue arose concerning custody, access or separation of the family.
The court also rejected the argument that failure to expressly cite Article 42A.1 of the Constitution made the decision unlawful.
The application for certiorari was refused. The Minister was presumptively entitled to costs, subject to any written submissions from the parties.