High Court grants a declaration that a delay in granting subsidiary protection, combined with the effect of legislation that prevented the backdating of child welfare payments, breached the constitutional and EU law rights of the applicant child, and determines that the applicant was entitled to compensation.
Judicial review - refusal of Chief Appeals Officer to backdate application for child benefit - whether child entitled to support from child benefit from the date of his birth - history of asylum and subsidiary protection applications by parents from 2007 - subsidiary protection granted to mother from May 2012 - applications for child benefit from 2008 - refusal of child benefit prior to May 2012 - scope of leave application - s. 246 of the Social Welfare Consolidation Act 2005 - no oral hearing - no reason for failure to hold oral hearing - challenge to legislation - Council Directive 2004/83/EC of 29th April, 2004 - European Union (Subsidiary Protection) Regulations 2013, S.I. No. 426 of 2013 - prior ruling on subsidiary protection and welfare - constitutionality of section 246 of Social Welfare Consolidation Act 2005 - delay in granting subsidiary protection - no discretion to backdate welfare if delay in granting subsidiary protection - no explanation for delay in granting subsidiary protection.