Facts of the case:
The first applicant was a Pakistani national and the father of the second applicant, who was an Irish citizen. The first applicant applied for permission to reside in the State on the basis of his parentage of an Irish citizen child, relying on the decision of the CJEU in Case C34/09 Ruiz Zambrano. Following the refusal of such application, the applicant applied for judicial review to seek to compel the Minister for Justice to issue a decision on his application for residence in the State.
Outcome of the case:
The High Court refused the application for leave to apply for judicial review. In fact, at the time when the application was refused, the first applicant already had a permission to reside in Ireland. Furthermore, a third country family member can obtain permit to reside and work in a Member State only if the removal of the third country national will necessarily lead to the departure of the Union citizen child from the terriory of the Union due to the fact that he or she cannot remain in the Union without the support of that parent. Since there is no evidence that the Union citizen child had the type of level of dependence envisaged, the application for leave to apply for judicial review has been refused by the Court.
7. On the 28th June, 2011, following the delivery by the Court of Justice of the European Union of its judgment of the 8th March, 2011, in case C34/09 Ruiz Zambrano, the applicant's solicitor wrote to the Irish Naturalisation and Immigration Service of the respondent's Department submitting, "an application for residency in the State on behalf of our client in terms of his parentage of his Irish citizen child, Zoya Gilani". Having described the personal circumstances, the letter outlined the basis upon which the application was made:
‘The Irish citizen child is dependent on her father. We assert her father's rights to reside and be employed in the State pursuant to our client's rights under the Treaty on the Functioning of the European Union and in particular Article 20 thereof and Article 24 of the Charter of Fundamental Rights of the European Union. We further assert that pursuant to the provisions of the Constitution of Ireland and in particular Articles 40 and 41 that in the circumstances of this case, where the Irish Citizen child was born in the State in 2007 and is now three years old, due regard to her welfare requires that her father be entitled to live and work in the State.’