In a recent ruling, the High Court has determined that a three-year-old child born to a mother with subsidiary protection is not entitled to an Irish passport. Justice Marguerite Bolger stated that the Foreign Secretary was within their rights to make this decision, citing the restricted period of residence for the child’s mother. Subsidiary protection is granted to individuals facing significant challenges if they return to their home country but do not qualify for refugee status. The child, born during the mother’s subsidiary protection, was denied a passport under the Irish Nationality and Citizenship Act 1956, section 6A(1), due to their lack of entitlement to unrestricted residence. The mother’s protection status has been updated since the child’s birth.
