X AND OTHERS v. IRELAND - 23851/20 (Judgment : Preliminary objection dismissed : Fifth Section) [2023] ECHR 514 (22 June 2023)

X AND OTHERS v. IRELAND - 23851/20 (Judgment : Preliminary objection dismissed : Fifth Section) [2023] ECHR 514 (22 June 2023)

The habitual residence requirement for child benefit eligibility in Ireland does not violate Article 14 of the Convention read with Article 1 of Protocol No. 1, as it is a neutral condition applied to all qualified persons (parents) and serves legitimate public policy and immigration control objectives. The exclusion of lawfully present but not yet resident parents from child benefit is not discriminatory, as the benefit is payable to the parent, not the child, and there is no evidence of impermissible discrimination or disproportionate impact. The applicants' claims under Article 8 were also rejected, as child benefit does not constitute a modality of exercising the right to respect for...

Citation
[2023] ECHR 514
Parties
Applicant: X; Applicant: E; Applicant: Y; Applicant: M; Respondent: Ireland
Jurisdiction
European Union
Judgment Date
22 June 2023
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Applications dismissed; no violation found.
Legal Topics
Discrimination, Social Welfare Benefits, Right to Equal Treatment, Immigration Status, Child Benefit, Habitual Residence Requirement
Human Rights Law Social Security Law Constitutional Law European Union Law Discrimination Social Welfare Benefits Right to Equal Treatment Immigration Status +2 more

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Parties

X

Applicant

E

Applicant

Y

Applicant

M

Applicant

Ireland

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the habitual residence requirement for child benefit eligibility in Ireland discriminates against lawfully present but not yet resident parents under Article 14 of the Convention, read with Article 1 of Protocol No. 1 and Article 8.
  2. 2 Whether the denial of child benefit during the period before formal residence status is granted constitutes a violation of the right to property or family life.

Ratio Decidendi

The habitual residence requirement for child benefit eligibility in Ireland does not violate Article 14 of the Convention read with Article 1 of Protocol No. 1, as it is a neutral condition applied to all qualified persons (parents) and serves legitimate public policy and immigration control objectives. The exclusion of lawfully present but not yet resident parents from child benefit is not discriminatory, as the benefit is payable to the parent, not the child, and there is no evidence of impermissible discrimination or disproportionate impact. The applicants' claims under Article 8 were also rejected, as child benefit does not constitute a modality of exercising the right to respect for...

Court Disposition

Applications dismissed; no violation found.