Refusal of temporary residence permission for Russian national is not a breach of EU law

Judicial review – asylum and immigration – challenge to the decision refusing a Russian national a temporary permission to reside in the State based upon his parentage of an Irish citizen child – substantive decision – argued that Article 20 of the Treaty on the Functioning of the European Union (‘TFEU’) precludes the Minister for Justice from refusing a residence permission to the third country national parent of a dependent European Union citizen child, where that refusal would deprive that child of the genuine enjoyment of the substance of any right attached to the status of European Union citizenship - refusal of a residence permission to the father would not have resulted in the child having to leave the territory of the EU- Minister’s decision deprived the child of his Union law rights under the Charter of Fundamental Rights of the European Union - proposition has already been considered and rejected by the High Court – Charter may only by invoked where a Member State is implementing EU law.