Prior to the Irish Nationality and Citizenship Act 2001, which came into force on 30 November 2002, children born in Ireland automatically became Irish citizens. Therefore even if a migrant had entered irregularly or to claim asylum but was subsequently refused any children born in the Republic would become Irish citizens.

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Prior to the Irish Nationality and Citizenship Act 2001, which came into force on 30 November 2002, children born in Ireland automatically became Irish citizens. Therefore even if a migrant had entered irregularly or to claim asylum but was subsequently refused any children born in the Republic would become Irish citizens. Section 3 of the Act specifies that children born in Ireland are entitled to Irish citizenship if they do "any act which only an Irish citizen is entitled to do" no examples are provided in the legislation but this would include applying for an Irish passport. However not doing such an act would not automatically lead to a presumption that the person is not an Irish citizen.

The new Irish government is considering amending the law, which allows citizenship by birth regardless of the parent’s immigration status, as they are concerned that it is open to abuse by people who may have children in Ireland in order to be granted permission to remain there. However as this right is included in the Constitution, following a 1998 referendum, the government would have to call a further referendum to do so. Parentage of an Irish citizen would entitle the parents to Leave to Remain, and they would have to make representations under the Immigration Act 1999 (see 8.2 – Immigration law and policy) against the deportation order. As of February 2003, following a Supreme Court ruling (see 8.1 – Fundamental rights), parents of Irish citizen children may not make representations for their Leave to Remain based on their parentage of Irish citizens until after there has been a proposal by the Minister for Justice to deport them.

As a result of a Supreme Court judgment (the case of Fajujonu) family members of Irish children outside Ireland are usually granted family reunification. They must apply to their nearest Irish embassy, the application is made in the same way as an adult visa application.

In the case of unaccompanied minors arriving in the State wishing to claim asylum, specific arrangements are made for the processing of their application. Under the Refugee Act, section 5, the relevant health board must be notified by the immigration officer of their arrival, the health board must then make the necessary arrangements for their care, well being and assistance. Once the child is in the care of the Health Board they are allocated a social worker and interviewed to establish their social history and circumstances. If it is considered to be in their best interests an officer of the health board will make an application for refugee status on their behalf. Most unaccompanied minors are housed in hostels or bed and breakfast establishments although a number may also be placed with foster families.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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