Iurescu v Minister for Justice

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Iurescu v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 535
Nature of Proceedings:Judicial review
Judgment Date/s:19 Jul 2019
Judge:Keane D
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Moldova
URL:https://www.courts.ie/acc/alfresco/7370d5f8-1ca9-4176-afe6-a1eb665136e1/2019_IEHC_535_1.pdf/pdf#view=fitH

Facts:

The applicant was a child whose father submitted an application for naturalisation on her behalf under section 15 of the Irish Nationality and Citizenship Act 1956. The Minister refused the application on the basis that the applicant’s father did not satisfy the “good character” requirement because he had a number of convictions. The applicant’s mother challenged the decision to refuse her daughter’s naturalisation application. The Minister argued that as a child cannot submit an application for naturalisation on their own behalf, but can only do so through a parent or guardian, then the statutory conditions for naturalisation had to be met by the parent or guardian as they were the “applicant” for the purposes of section 15 of the 1956 Act.

Principles:The Minister was not entitled to refuse an application for naturalisation behalf of a child on good character grounds because the child’s parent is not of good character.
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