D. (G.) (A Minor) & Ors v. Minister for Justice, Equality & Law Reform

Supplementary judgment of Ms. Justice Finlay Geoghegan delivered the 14 th day of November, 2006.

This judgment is supplementary to the judgments given today in Deborah Bode & Ors. v. Minister for Justice, Equality and Law Reform & Ors [2006] No. 102 J.R. ("the Bode judgment") and Oguekwe v. Minister for Justice, Equality and Law Reform [2005] No. 1271 J.R. ("the Oguekwe judgment"). These proceedings are one of the four sets of proceedings heard contemporaneously with the Bode proceedings and considered in the Bode judgment.

In these proceedings the first named applicant was born in Ireland on 6 th May, 1996 and is a citizen of Ireland. His mother is the second named applicant and his father the third named applicant. The second and third named applicants are married to each other. The second and third named applicants are nationals of Nigeria.

The second and third named applicants made applications under the IBC/05 Scheme which were refused on 16 th August, 2005 by reason of their failure to establish continuous residency in the State since the birth of the first named applicant.

I am also satisfied, on the evidence presented, that the applicant has discharged an onus of establishing that the refusal of his parent's application under IBC/05 without a consideration of his rights for those reasons set out in the Bode judgment were in breach of Article 8 of the Convention.