The Supreme Court has dismissed an appeal from the High Court, and affirmed refusal to quash a decision refusing citizenship to a child born in Ireland to a parent with subsidiary protection. The Court determined that the appellant's mother, who held a declaration of subsidiary protection, did not have an entitlement to reside in the State "without any restriction on her period of residence," as required by the relevant legislation. The Court found that the mother's permission to reside was conditional upon maintaining her status as a beneficiary of subsidiary protection, which is subject to renewal and can be revoked. Consequently, the appellant was not entitled to Irish citizenship by birth.
Birthright Citizenship, Subsidiary Protection, Irish Nationality and Citizenship Act, 1956, International Protection Act, 2015, Supreme Court, High Court, s. 6A(2)(d)(i), s. 53, s. 54, Renewal of Residence Permission, Conditionality of Residence, Entitlement to Reside, Restriction on Period of Residence, Declaration of Subsidiary Protection, Appeal Dismissed.