The High Court has cleared the way for a Court of Appeal hearing on the constitutional rights of non-citizen children when the Minister for Justice decides whether to grant permission to remain in Ireland.
Ms Justice Miriam O’Regan granted a certificate under section 5 of the Illegal Immigrants (Trafficking) Act 2000 after finding that the substantive judgment in the case raised questions of law of exceptional public importance and that an appeal was desirable in the public interest.
The proceedings were brought by AAG-A and her minor child, OEA. AAG-A had challenged a Ministerial decision of 13 August 2024 refusing permission to remain under section 49(7) of the International Protection Act 2015.
The High Court delivered its substantive judgment on 4 March 2026. The present ruling does not revisit that outcome. Instead, it determines whether the legal issues arising from it should be capable of appeal.
Both the applicants and the Minister agreed that the required statutory test for certification was met. O’Regan J also noted that the proceedings had been treated as a test case, with approximately six other applications placed on hold pending the result.
The first certified question asks what rights or entitlements Article 42A of the Constitution gives a non-citizen child when the Minister exercises discretion under section 49(7) to grant permission to remain.
The second asks how far the Minister must go when assessing that child’s best interests where other family members have no right to reside or remain in the State. Specifically, it asks whether the Minister must consider matters beyond those raised by the applicant or otherwise brought to the Minister’s attention.
The High Court certified both questions for appeal to the Court of Appeal.