Two mothers from Nigeria and Afghanistan took case to Strasbourg after failure in Supreme Court in 2019
“Since the applicant mothers had not been in a comparable situation to eligible parents, they had not been discriminated against,” a summary of the court’s decision read.
The Nigerian mother arrived in Ireland in 2013 and applied for asylum a year later, but was rejected in 2015. She then applied to the Minister for Justice and Equality for the right to reside as she was the mother of an Irish child, who was born in 2014 to an Irish father and was a citizen from birth.
The mother from Afghanistan arrived in Ireland in 2008 with her husband and child and went on to have three children in Ireland. Her youngest child was granted asylum in 2014 and the family then applied for residency under family reunification provisions. The European court noted that it was clear from the Irish court judgments that eligibility for child benefits is based on the status of the parent or guardian, and not on the residency status of the child.
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