In a decision with implications for thousands of non-nationals seeking to secure Irish residency, the High Court has ruled a Nigerian mother may issue a legal challenge to a government decision not to consider her claim for residency on the basis that she has an Irish-born child.
The scheme whereby non-nationals could claim residency on the basis that they had an Irish-born child was abolished in February 2003.
Ms Justice Finlay Geoghegan held that Ms Jennifer Ojadua Egbrin and her Irish-born one-year-old son had established substantial grounds to challenge the Minister's refusal to consider her application for residency on the basis of having an Irish-born child.
Ms Egbrin's residency application was made some two weeks prior to the scheme being abolished but the government later announced it would not be considering the outstanding applications made prior to February 19th 2003.
It is believed there may be more than ten thousand outstanding applications. When the matter was before Ms Justice Finlay Geoghegan today, she adjourned it for mention to October 20th when a date for a hearing of the full action will be fixed.
The full hearing will take place before Christmas. Ms Egbrin will not be deported pending the outcome of that hearing.