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Henrietta Street, where the man says he was born Google Street View

Russian man who says he was born here in 1940 has citizenship bid overturned

The High Court had ruled in 2015 that Sergey Chesnokov had established he was born on Dublin’s Henrietta Street.

THE COURT OF Appeal has overturned a ruling that a 76-year-old Russian man who claimed he was born in Dublin during World War II is entitled to Irish citizenship.

The High Court had ruled in 2015 that Sergey Chesnokov had established he was born on Dublin’s Henrietta Street in September 1940 and directed that his birth be registered here, entitling him to citizenship.

Today the appeal court found the documentary evidence did not support Chesnokov’s claim of being born in Ireland and overturned the High Court’s decision.

He had brought High Court an action against an tArd-Chláraitheoir (the Registrar General), who has responsibility for the registration of births, deaths and marriages, who had refused to register him as having being born in Ireland.

After assessing the evidence, including documents supporting his claim of an Irish birth, the High Court found that Chesnokov was born in Ireland and was entitled to have his birth registered here.

The Registrar appealed that finding, which Chesnokov’s lawyers had opposed.

In its judgment, delivered this morning, the three judge Court of Appeal unanimously upheld the appeal. Chesnokov was not present in court for the decision.

In her judgment Justice Mary Irvine said the evidence submitted by Chesnokov was “not adequate to establish as a matter of probability that he was born on the date and at the location alleged so as to warrant the registration of his birth as having so occurred”.

The judge also found that Chesnokov’s appeal against the Registrar General’s original decision not to register his birth had been brought out of time.

Justice Gerard Hogan said the case had raised a number of “unusual features”. However he was satisfied that An tArd-Chláraitheoir was entitled, on the documentary evidence produced, to reach the conclusion Chesnokov had not established on the balance of probabilities that he was born in Dublin in 1940.

The judge said he disagreed with the High Court’s conclusions drawn from the documentary record produced in support of Chesnokov’s claim. It was for that reason and that reason alone he said why the appeal should be allowed.

Justice Mary Finlay Geoghegan agreed with both judgments. As a result of the decision the High Court’s order that Chesnokov’s birth be registered here is to be vacated.

The matter was adjourned for a week to allow both parties consider the decision.

Family ties 

Chesnokov’s son now resides in Ireland and Chesnokov had sought Irish citizenship so he could travel here and be involved with the life of his grandchild. In his application he also gave an undertaking not to apply for any social welfare payments from the Irish State.

Chesnokov said he was born in Ireland in late September 1940 in a room at 5 Henrietta Street. His aunt was the only person present with his mother Liubov at the time of the birth. He claims his aunt and mother came to Ireland from England during the London Blitz.

Shortly after Chesnokov’s birth his mother and aunt returned to the then USSR.

His birth was registered with the Soviet authorities in October 1940, but was not registered with the Irish authorities because of his parent’s fears it might be seen as anti-Soviet.

It was not known why his mother had been in the UK, how she came to Ireland or how she returned to the Soviet Union.

Chesnokov claimed all his official documentation, including his trade union card, passport, marriage and drivers licence, recorded his place of birth as being Dublin, Ireland.

There was also declarations from family and friends of Chesnokov’s family to support his claim. After assessing the evidence the High Court found in 2015 that Chesnokov was born in Ireland, and was entitled to have his birth registered here.

Read: A Russian man born in a house in Dublin in 1940 wants his Irish birth registered

Read: Nazis, Stalin and the Blitz all counted against this man, but he just wanted to call Dublin home

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    Mute Chris Tee
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    Jul 27th 2022, 6:48 AM

    Not sure if it’s just me, but I avoid taxis as much as possible coming home from a night out. I live a 15 min drive from Cork city, and back when hackney cabs could be booked to pick you up at a certain time/place, I knew the cost was exactly €20 to get home every time, and was happy to pay it. The fares for taxis just varies way too much, and is inevitably more expensive. I’ve genuinely paid anywhere between €26-€39 on the meter for the exact same trip, and I can’t figure out how the price can fluctuate so much, which makes me think I’m getting ripped off in some cases. Much rather not drink and just drive or else have a lift organised from the other half.

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    Mute Stephen Walshe
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    Jul 27th 2022, 3:24 PM

    @Chris Tee: totally agree its getting prohibitively expensive 2 taxis to my house in and out of town 34 quid thats 7 pints of the black stuff in my local.

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    Mute Sinead Merrigan
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    Jul 27th 2022, 6:34 AM

    The increase in fare is most likely going to turn customers away. My understanding behind the hesitancy of night work is the added risk of danger from theft and the chance the taxi will be soiled leaving it unusable were also part of the equasion

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    Mute Seamus Quaide
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    Jul 27th 2022, 7:39 AM

    Totally worth the 12 per cent for the extraordinary wealth of knowledge that you will receive from the driver on any random subject.

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    Mute David Harries
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    Jul 27th 2022, 11:22 AM

    @Seamus Quaide: That’s Brilliant I love you’re sense of humour lol

    29
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    Mute Noshah Monk
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    Jul 28th 2022, 2:26 PM

    @Seamus Quaide: due to cost of inflation everything is going up and what kind of wealthy knowledge your getting when u pay them ?
    You are looking your wealth of knowledge on wrong place.

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    Mute Peter Jo
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    Jul 27th 2022, 9:12 AM

    Another classic example of how to fix a problem in #Irl, increase the costs ot it or tax it.

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    Mute Clodagh Nic L
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    Jul 27th 2022, 1:53 PM

    @Peter Jo: There seems to be a limit to the knowledge of economics in all these scenarios. The answer is always to throw money at it rather than address the root causes.

    Not enough houses being built? Give money to developers no matter what the cost. Cost of living increasing? Increase minimum wage. People drink too much? Up the price of booze. People not using enough (mostly non existent) public transport? Up the cost of fuel.

    Lazy economics

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    Mute Don Hogan
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    Jul 27th 2022, 9:09 PM

    @Clodagh Nic L: And what are your well thought out measures to attract more taxi drivers to night shifts?

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    Mute Clodagh Nic L
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    Jul 28th 2022, 1:22 PM

    @Don Hogan: see Don, I’m not an economist but I’d say maybe some kind of better public transport and policing, stricter pub licensing (in the U.K., if you’re too drunk, you’re refused drink service, that’s the norm- in ireland, you’re allowed to buy drink til you black out, vomit and punch someone), maybe even on a larger scale- spread employment across the cities and not just Dublin to reduce the outrageous demand on all services in Dublin.

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    Mute Rafa Condron
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    Jul 27th 2022, 7:25 AM

    That might be end of peak nights out. People leaving pubs/clubs earlier to get last bus/nitelink home, rather than spending exorbitantly on taxis.

    Damaging to pubs/clubs with revellers leaving earlier, damaging taxi usage at the same time. Genius.

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    Mute Ian O Hara
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    Jul 27th 2022, 9:40 AM

    @Rafa Condron: all after spending over the top prices on your food and drink aswell, GET THE BUS……….

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    Mute Rafa Condron
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    Jul 27th 2022, 10:24 AM

    @Ian O Hara: well town prices you know what you’re in for. An extra 3 euro 30 cent on the fare will be a killer

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    Mute Stacey Boylan
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    Jul 27th 2022, 9:06 AM

    It’s nothing to do with fare prices its down to safety.

    My dad was mugged twice driving at night the second time he was beaten really badly and his car was stolen off him.

    In covid we all seen the antics that were going on in Dublin city centre why would you want to work in that environment.

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    Mute Heather Knowles
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    Jul 27th 2022, 11:42 AM

    @Stacey Boylan: I’ve heard several horror stories from taxi drivers regarding the foul behaviour from people at night. Verbal abuse, defacation in the cars, urinating, vomiting and physical threats along with people refusing to pay. I wouldn’t work those hours for anything. It’s simply not worth it. I don’t blame your Dad one bit for deciding not to work at night and I’m sorry he had such awful experiences.

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    Mute GaMran
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    Jul 27th 2022, 5:47 PM

    @Stacey Boylan: 100% agree. It’s extremely unsafe, unsociable hours. Just like everyone else during Covid taxi drivers also realised life is about more than chasing money, it is important to have some sort of quality of life. Unsociable hours are unhealthy, and dangerous. For the amount of money and exploitative company like Freenow what is the point? Why would anyone work those hours? My partner has been attacked, harassed, got his car damaged, puked in etc. At occasions women were indecent in the back of his car, he got her out, she didn’t pay but said she will accuse him of all sorts. Does anyone get how terrifying is that to a decent person? Getting accused of things, just because he picked up a drunk tart? One got sick in his car, (well known RTE personel) and spewed abuse at him for an hour. The list goes on. He’s a decent fella, calm and collected but coming home from late shifts he has developed anxiety. Everyone who is so judgemental about Taxi drivers and taking only cash fares and all the other vile stuff they think of them should remember, they are also people, they work with the public, and not all of them are exploitative,dirty,unprofessional etc..
    Would be nice if there could be more understanding and kindness and less of stereotyping people here.

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    Mute David Lawlor
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    Jul 27th 2022, 8:43 AM

    So average income will come up to 32k. Subtract fuel, insurance, maintenence and you’ll be very lucky to clear 25. Not exactly selling it are they?

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    Mute Radek Warchola
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    Jul 27th 2022, 8:53 AM

    Increase in fares. Yes that will definitely entice me wtf…

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    Mute John Mc Grane
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    Jul 27th 2022, 10:32 AM

    How much more do we pay for a litre of fuel a pint or a steak compared to 5 years ago. These guys are absorbing all these increases & worth it. As regards night time would you like to work with the risks that are there now at night . Many friends of mine have been robbed , abused , spat at & damage to their cars. I wouldnt do it

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    Mute Colin Kearney
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    Jul 27th 2022, 11:02 AM

    Enticed people to stay in. You can get a taxi on mainland Europe for a third of the price. Ireland is increasingly becoming a country that is too expensive for every day living. Public transport is a disaster and now taxis up their price. TAXXXI….!

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    Mute joe celtic 1888
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    Jul 27th 2022, 10:37 AM

    To dangerous to work at night, the place is full of vermin

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    Mute Nollaig Adderley
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    Jul 27th 2022, 10:19 AM

    Thuis isn’t exactly going to help pubs, bars and clubs attract staff with the added cost of getting home

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    Mute Stephen Walshe
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    Jul 27th 2022, 3:25 PM

    Lads I dunno about ye but I love paying 17 euros for 10 mins chat about how busy things aren’t.

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    Mute Nick
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    Jul 27th 2022, 11:22 PM

    12% pay hike and they’re still unhappy, nobody absolutely nobody else will get a 12% hike in pay. Before the bleating starts everybody’s fuel and cost of living has risen not just the taxi drivers…. 28k my eye, they earn more than that and most pay a nominal few quid tax… Few genuine ones rest cowboys

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    Mute Mark Dawson
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    Jul 28th 2022, 5:35 PM

    Most taxi drivers I know won’t work nights because they are afraid of getting attacked and who can blame them

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    Mute Noshah Monk
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    Jul 28th 2022, 2:28 PM

    Why journal think it’s necessary to write once in a month about taxi driver?
    It’s sensitive topic for Taxi drivers. We don’t like publicity.

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