Published on 20 September 2021

FIFTH SECTION

Applications nos. 23851/20 and 24360/20 X and E against Ireland and Y and M against Ireland lodged on 16 June 2020 and 16 June 2020 respectively communicated on 31 August 2021

SUBJECT MATTER OF THE CASE

The first applicant (“X”) is a Nigerian national who arrived in Ireland in 2013 and gave birth to the second applicant (“E”) on 23 December 2014. As the parent of an Irish citizen child, X was granted leave to remain on 6 January 2016. The third applicant (“Y”) is an Afghan national who arrived in Ireland in 2008 and gave birth to the fourth applicant (“M”) in 2013. M was granted refugee status on 8 January 2015 and Y was granted leave to remain on the basis of family reunification on 11 September 2015.

The applicants complain under Article 14 in conjunction with both Article 8 and Article 1 of Protocol No. 1, of sections 220 and 246 of the Social Welfare Act 2005, which exclude parents who have not yet been granted a legal right to reside in the State from receiving a monthly child benefit payment in respect of a child who has a legal right to reside. Their challenge to the legislation was dismissed by the Supreme Court on 21 November 2019.

QUESTIONS TO THE PARTIES

1. Did the applicants suffer any significant disadvantage, within the meaning of Article 35 § 3(b) of the Convention, as a result of the application of sections 220 and 246 of the Social Welfare Act 2015, having regard, in particular, to the fact that they were affected only during limited periods of time?

2. Have the applicants exhausted domestic remedies as required by Article 35 § 1 of the Convention? More particularly, did they pursue their claims under the Convention throughout the domestic proceedings?

3. Has there been a violation of Article 14 of the Convention, read together with either Article 8 or Article 1 of Protocol No. 1?

4. The applicants are requested to send copies of the transcripts of the hearings in the Court of Appeal and the Supreme Court within 6 weeks.