Insufficient evidence to show that child born in Ireland was an Irish citizen entitled to passport

Judicial review – asylum and immigration – application for leave – mother and child seeking an order compelling the Minister for Foreign Affairs to issue an Irish passport to the child – they are seeking a declaration that one or both of the Minister for Foreign Affairs and or the Minister for Justice have unlawfully delayed the issuing of an Irish passport to the child – argued that the delay and/or refusal of the Minister for Foreign Affairs to issue a passport to the child is unlawful and/or unreasonable and are in breach of fair procedure - argued that requiring clarification of the child’s citizenship status was an error in law because of the pre-existing right of residence of her mother -mother was granted permission to reside in the State allegedly on the basis of her parentage of an Irish citizen child – basis for the assertion that the child is an Irish citizen is because she was born in the State on 9th February, 2013, to a father, who does not appear on her birth certificate, who was a lawful resident within the State at the date of her birth and by that date had sufficient reckonable residence within the meaning of the Irish Citizenship and Nationality Acts 1956 to 2004, to enable the child assert her citizenship – child’s parents parted company shortly after the birth – order for maintenance - Prior to any application for a passport for the child, the mother processed an application for permission to remain in the State on the basis of her parentage of an Irish citizen child - permission to the mother to reside in the State for a one year period “as an exceptional measure” was afforded to her following her request for permission to remain in the State based on her parentage of an Irish citizen child or children – this permission is not sufficient evidence to establish that the child is, in fact, an Irish citizen and entitled to a passport - substantial difficulties with regard to identifying the putative father as giving rise to the right of citizenship of the child - fact that the putative father did not assert in the District Court (assuming he was present) or in the Circuit Court appeal that he was not the father of the child does not amount to sufficient evidence to comply with s. 7 (1) (a) of the Passport Act 2008, such as to give rise to a potential order of mandamus – leave to judicially review refused.