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Press Query

As a matter of longstanding practice this Department does not comment on individual immigration related cases.

Where a person applies for residency in the State on the sole basis of his or her parentage of an Irish born child further enquiries are made by the Department to establish whether or not the person in question is living as part of a family unit with that child. If that criterion is satisfied then the person will have a strong claim to be allowed to reside in the State in line with the judgment of the Supreme Court in the Fajujonu case.

Where the person in not living with the child as part of a family unit, further enquiries are made with a view to establishing whether or not the person in question continues to play a significant role in the upbringing of the child.

The type of evidence required would include evidence of regular contact with the child (access orders, joint custody orders, guardianship orders, joint guardianship declarations) and may also include evidence that the person is maintaining the child. Any such evidence would indicate that the person's presence in the State would be in the interests of the child.

Where information comes to light that the basis which residency was originally granted no longer applies it is open to the Minister to review any such permission previously granted and to give consideration to the making of a deportation order.

There must be stronger grounds than a mere biological link to satisfy the requirements set out by the Supreme Court in the Fajujonu case.