Hannah Komdwe (2) at a Direct provision protest outside Leinster House in 2014
Denying a mother of an Irish ‘citizen child’ living under Direct Provision child benefit is unconstitutional, the Court of Appeal ruled yesterday.
The court found the failure to treat ‘citizen children’ in Direct Provision equally breached Article 40.1 of the Constitution [Equality Before the Law].
The mother sought child benefit in October 2015 but was refused until she got residency status in January 2016.
Social Democrat co-leader Roisin Shorthall said
“This case highlights once more how the regime of direct provision for asylum-seekers is a form of institutional discrimination.
Direct provision was only ever intended as a short-term solution, but has turned into a national disgrace. Today’s ruling should be the final nail in the coffin for direct provision, and the government should now take steps to dismantle it.”