Facts The applicants were ethnic Russians born in Latvia and residing in Ireland from 1999 onwards. They applied for naturalisation as Irish citizens under the Irish Nationality and Citizenship Act 1956 (as amended). They described themselves in their application as “Latvian (ethnic Russian)”. However, under Latvian law they only had an entitlement to an “Alien’s passport” from the Latvian authorities, … Read More
Spila v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2012] IEHC 336 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 31 Jul 2012 |
| Judge: | Cooke J |
| Category: | Citizenship, Naturalisation |
| Keywords: | Alien, Citizenship, Citizenship (Acquisition of), Country of Birth, Nationality, Nationality (Ethnic), Naturalisation, Stateless Person |
| Country of Origin: | Latvia (Ethnic Russian) |
| URL: | https://www.courts.ie/acc/alfresco/031a0c42-4d25-441d-8bd1-460eb938823e/2012_IEHC_336_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | Having regard to the Minister’s absolute discretion under Section 15 of the 1956 Act* the mixed question of fact and law as to whether the applicants, in their particular personal circumstances, were stateless, was first and foremost a matter of policy for the Minister, and for him to decide that in the first instance. It is always possible to make a new application for naturalisation incorporating all new and relevant information and expert opinion relied upon, including as to issues of statelessness. (* Regard should now be had to the decision of the Supreme Court in Mallak v Minister for Justice [2012] IESC 59, 6 December 2012, on the nature of the Minister’s ‘absolute’ discretion under s. 15 of the 1956 Act.) |