A woman who manipulated a vulnerable man into pretending he was the father of her fourth child and attaining rights of citizenship for her family arising out of the deception has received a three-year suspended sentence.
Cork Circuit Criminal Court heard the 45-year-old obtained citizenship for herself, her husband and her children after she provided false information to the State.
Det Sgt Keith Cleary, of the Garda National Immigration Bureau, previously told the court that the woman moved to Ireland in March 2008 on a student visa. Her husband arrived at the same time. He was also studying in Ireland.
Dt Sgt Cleary said the woman gave birth to a child later that year and put pressure on an Irish man “with certain vulnerabilities” to put his name down on the birth certificate as the father of the child.
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No name was recorded for the father when the child was born in hospital. However, on July 29th, 2009, the accused presented at the civil registration office in Cork to register the birth.
An Irish birth certificate was obtained for the child after the woman persuaded the man to attend at his local Garda station to make a false passport application for the boy.
Det Sgt Cleary said the man was “out of his depth” and “felt obliged” to help her. For his role in the offence, the 64-year-old received an eight-month suspended sentence last year and a €500 fine. .
At the sentencing hearing defence barrister William Bulman told the court his client was a “vulnerable” man who had acted out of a misplaced sense of kindness. The court heard there was no suggestion of the man being in receipt of money or sexual promises arising out of his actions.
The woman, who cannot be named as it would identify her child, pleaded guilty to falsely claiming that the Irish man was the father of her child and to three counts of providing false information in passport applications in 2009, 2012 and 2017.
Dt Sgt Cleary said obtaining the false Irish passport for the child gave the woman an immigration advantage. She was subsequently able to apply for an Irish passport for herself and her other children. The woman obtained Irish citizenship 10 years ago while her husband was “last across the line” in the family being naturalised in 2017.
Dt Sgt Cleary said when the woman was arrested in 2023 she claimed it was all “a big mistake” and that she simply had “wanted to name him [the Irish man] as a guardian.”
He said the actions of the woman had called into question the integrity of both the Irish birth certificate registration system and the Irish passport system.
The court heard that the real father of the child had applied for a change of name on the birth certificate. A DNA test was submitted to prove he was the biological father.
Defence barrister Jane Hyland, SC, appealed for leniency in the case as her client is the main carer of her children. One of her children has additional needs and requires extra support.
Ms Hyland spoke of the history of mental health difficulties experienced by her client. The difficulties cited including suicidal ideation and deliberate self harm. She said the woman had suffered a difficult childhood and had undergone gender discrimination and bullying in her home country.
Ms Hyland stressed that the woman had engaged with the community in Ireland and was known for reaching out to assist others in difficult situations. References were handed in to the court which spoke of her “kindness” in helping others.
Ms Hyland said the guilty plea had saved the State the time and expense of a trial. She added that her client had been deemed as being of “low risk of reoffending.”
Judge Dermot Sheehan said the woman was in her 20s and an “adult” when she carried out the offence. He stated that the accused had ‘manipulated” a man into pretending he was the biological father of her children having met him when she “befriended” a group of people.
The judge said the woman had given the man the impression that she was “in fear” of having to return to her home country and he felt “pressure” to fill in documentation. He noted the engagement of the woman in Irish life and described her as a “very productive member” of the community.
He also factored in her care of her children, her guilty plea and her poor mental health into his decision-making when sentencing.
The judge said it was a “very serious offence” and the woman had “time to consider what she was doing but didn’t turn back”. He imposed a three-year prison sentence and suspended it in its entirety.
