A Russian national who underwent a sex change and his wife were given leave to take a legal challenge against the failure of the Irish authorities to extend his residence permit.
Mr Nicholas Krivenko (28) and his wife, Ms Sybille Hintze-Krivenko (50), of Broadford, Co Clare, are suing the Garda, the Minister for Justice, Equality and Law Reform, the Attorney General, and Ireland.
In judicial review proceedings, they are seeking orders requiring the Garda to issue a registration certificate under the Aliens Act and EU regulations, and to make any necessary endorsements in Mr Krivenko's passport. They also want a declaration that he is entitled to be issued with a registration certificate.
In an affidavit, Mr Krivenko said he was born in the USSR and registered as a female on his birth certificate with the Christian name of Nadia. He became a citizen of the Dominican Republic in 1993 by virtue of investment by his father in the economy there.
He came here in November 1996 with Ms Hintze-Krivenko, with whom he had been in a relationship since 1993. Around October of 1996 he was granted temporary permission to remain here under his former name, Nadia. A subsequent application for an extension of his permit remains pending.
Mr Krivenko underwent gender reassignment, which was completed in August 1998. The Russian authorities issued a new birth certificate in December 1998 showing his gender as male and his Christian name as Nicholas. In August 1999, the Dominican Republic authorities issued a new passport also showing his gender as male.
In September 1999, he married Ms Hintze-Krivenko at Limerick Register Office. He furnished the registrar with a copy of his original Russian birth certificate and a copy of his revised Russian birth certificate.
Last February he lodged an application for a residence permit on the basis of his marriage to an EU citizen. In June the Minister decided to grant his application. In July he sought to obtain a registration certificate from the Garda but there was a continuing failure to issue one to him or to make the necessary endorsement on his passport.
In August the Minister had notified his solicitor for the first time that further inquiries were being made regarding the validity of his marriage.