A, B, C (A Minor Suing by His Next Friend, A) v The Minister for Foreign Affairs and Trade (Approved) [2023] IESC 10 (09 May 2023)

A, B, C (A Minor Suing by His Next Friend, A) v The Minister for Foreign Affairs and Trade (Approved) [2023] IESC 10 (09 May 2023)

Section 7(1) of the Irish Nationality and Citizenship Act 1956 requires that the Irish citizen parent must be a parent at the time of the child's birth for citizenship by descent to pass; the double construction test cannot be used to read the statute otherwise, and no constitutional challenge to the provision was made in these proceedings.

Citation
[2023] IESC 10
Parties
Applicants: A and B; Respondent: Minister for Justice
Jurisdiction
Ireland
Judgment Date
09 May 2023
Procedural Posture
Mandamus Proceedings / Appeal
Outcome
appeal allowed
Legal Topics
Citizenship by Descent, Equality Under the Constitution, Recognition of Foreign Parental Orders, Surrogacy and Parental Rights, Statutory Interpretation
Constitutional Law Citizenship Law Private International Law Citizenship by Descent Equality Under the Constitution Recognition of Foreign Parental Orders Surrogacy and Parental Rights Statutory Interpretation

Case Brief

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Parties

A and B

Applicants

Minister for Justice

Respondent

Procedural Posture

Mandamus Proceedings / Appeal

Legal Issues

  1. 1 Whether s. 7(1) of the Irish Nationality and Citizenship Act 1956 requires the parent to be an Irish citizen at the time of the child's birth for citizenship by descent
  2. 2 Whether the refusal to grant citizenship in cases of non-genetic Irish parents whose parental status is recognised by foreign order is unconstitutional under Articles 9.1.3, 40.1, and 41.4 of the Constitution
  3. 3 Whether the double construction test can be used to interpret s. 7(1) in a manner compatible with the Constitution

Ratio Decidendi

Section 7(1) of the Irish Nationality and Citizenship Act 1956 requires that the Irish citizen parent must be a parent at the time of the child's birth for citizenship by descent to pass; the double construction test cannot be used to read the statute otherwise, and no constitutional challenge to the provision was made in these proceedings.

Court Disposition

appeal allowed

Orders

  • Mandamus refused; Minister not compelled to grant C an Irish passport.