irish passport to child in error

HI Guys,

I am the non eu citizen.I came to \ireland in 2002 on study visa and then movedto stamp 1A in 2005 and i got married in 2006 and my son was born in 2007 in ireland and he got irish passport but i have to leave country in 2011 because they were not extending my stamp 1A.
in 2012 we heard about zambrano case so we applied to enter into the country again we were given visa to enter but after entering the country we went register with inis but we were said that the passport should not issued to my son as i am on stamp 1A.

i went to solicitor in ireland they said that it is better to approach DFA dept of foreign affairs.so we sent all the documents to them but they came back saying that they gone revoke my son's passport and also said that we can file legal submission.

we filed legal submission that how come they revoke son's passport after 6 years.we filed this 6 months back but dfa are not sending any response till now.Immigration dept is saying that we need to resolve this with DFA before they give visa to live here.so iam without any visa from one year.

can any one suggest me with any info ?

Was the mother of child was EU or Non EU?
If they revoked the passport, it will revoke Irish citizenship too and that mean will your child will be stateless or without nationality of any country?? I may be wrong but they can not take someone's Irish Nationality leaving him/her stateless provided you could show child can not get your country of nationality(!!!). Having said that, you lived outside Ireland for long time, that could not help you either. Yes, for sure you need a good solicitor and try to contact Immigration council of Ireland, they might be of some help.

just curious, you said you have no visa since one year, I wish you have some job and you are able to feed your child well.

Mom is non EU.I am going through worst nightmare.Waiting from DFA response.

Very sad to know ur story. You are not the only one who got his kids passport being on Stamp 1A. Department have made a mistake and issued hundreds of passports but they just realized it now but alot of people have changed their stamps long time ago so they are forgotten now but the likes of you who contacted the GNIB now are caught and going through a worst nightmare.

Keep us posted, i would really like to know the outcome. All the best mate!!!

HI,

I am sorry that you are in this situation... i would be very interested in knowing the outcome of your case.

Child needs a GOOD solicitor.

It appears that the child was given an Irish passport (I hope you have at least a copy of the Irish passport of the child, and if you have the original keep it safe). If the child had an Irish passport, even one issued in error, then the child is effectively being stripped of Irish citizenship. There is no law permitting a child who was granted a passport to be deprived of the passport/stripped of citizenship. (Naturalised citizens can be stripped of Irish citizenship, but those who gained a passport at birth cannot be deprived of citizenship). This is the basis of the case you should make.

You need to e-mail the Minister for Justice directly, setting out the case on behalf of your child. State it in very simple terms.

'My child was born in Ireland in 2007, I am a non-EU mother. The child was granted an Irish passport. I am now told that this was an error and the passport is being removed. I wish to know what law permits an infant child born in Ireland and granted an Irish passport to be deprived of Irish citizenship in this manner. The child has an Irish passport and this is proof that he is an Irish citizen, how can the passport and citizenship be removed when there is no law that permits anyone to do this? The decision to deprive a child of citizenship is serious, because he is too small to complain and explain his position and my English is not good enough and neither is my knowledge of law, but I know that there is no law permitting his Irish passport to be taken away from him.

I made decisions based on his Irish citizenship, that he would get a good education in the country where he is a citizen, and I made the decision to make a personal sacrifice for him and return with him to the land of his citizenship, and these decisions were honestly made on the basis of his Irish passport and cannot now be changed. We have suffered a significant loss due to attempts to deprive him of his Irish citizenship, and I wish you to make the decision that he enjoys full rights of citizenship in Ireland.'This decision needs to be made quickly, as his education now suffers, and a child has only one chance to get an education when he is of the age to get an education, it is unfair to him that his education suffers for this reason, when he has an Irish passport.

He is a good child who works hard in school and will always be a good citizen to Ireland.

One of the problems is that you are dealing with people who have no names in DFA, but if you send the e-mail directly to the Minister for Justice, he can be held accountable for the results of the decision. It is difficult for him but he did accept the job, so you can send the issue directly to him and let him decide. He has the full power to decide in favour of your child and the current Minsiter is the son of an immigrant, so he is good if you are an honest person willing to work. If you delay sending to Minister there may be a new different minister, and the current minister is good at his job, new person may not be as good, so try to get decision from minister directly soon.

You also need to find the clinic times for a TD and go to the clinic and outline the problem, TD's can be very good. Take a guess as to which TD is best for the immigrant problems and go to him.