Facts: The applicant, a South African national, moved to Ireland in 2001 and applied for a certificate of naturalisation in 2017. This was refused in 2022 on the grounds that the applicant did not meet all of the statutory conditions contained in section 15, Irish Nationality and Citizenship Act 1956 and specifically, the good character criterion. This was due to several road traffic offences, and in particular an offence of careless driving that resulted in a conviction and a fine. The applicant had previously applied for naturalisation and on both occasions the application was refused on good character grounds. The applicant had also previously applied for long term residency on three occasions, the first two of which were refused on good character grounds, and the third was granted in 2019.
The applicant sought judicial review of the refusal of her application for naturalisation. She submitted that the decision was inconsistent, irrational and disproportionate and that inadequate reasons were provided for the refusal. The applicant also sought a declaration that only the Minister is expressly authorised to make a decision under s. 15 of the 1956 Act.
Reasoning: First, on the issue of fair procedures and reasons given, O’Regan J recalled the ruling in Hussain v Minister for Justice [2011], where it was held that as there was no settled or fixed interpretation of the words ‘good character’ in the context of naturalisation. Instead, the meaning had to be taken from the statutory context and objectives of the legislation. As part of a naturalisation application, applicants have to declare fidelity to the nation and loyalty to the State and they must be prepared to make a public commitment to discharge ordinary civic duties and responsibilities. It was held that it was not irrational of the Minister to review repeat offending, albeit over a protracted period of time, as not being a discharge of ordinary civic duties and responsibilities. O’Regan J held that the applicant was aware of the reasons for the refusal of her application because of the two previous refusals for naturalisation on good character grounds were based on prior convictions and would likely impact on her latest application.
Second, on the Minister’s powers in decision making, O’Regan J referred to the Carltona principle, pursuant to which responsible officials may exercise some of the statutory powers of a minister and thus act as the Minister’s alter ego, save for where there is express statutory terminology to indicate otherwise. It was held that there is no express statutory provision to delimit the application of the principle in respect of section 15 decisions.
Decision: The appeal was unsuccessful. The decision of the Minister to refuse the naturalisation application was found to not be irrational and the applicant had been given sufficient reasons, including in previous refusals. The Minister can delegate powers in making decisions on whether an applicant for naturalisation meets all the conditions set out under section 15, Irish Nationality and Citizenship Act 1956
