M v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice
Citation/s:[2024] IEHC 105
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Feb 2024
Judge:O’Regan, M.
Category:Naturalisation
Keywords:Carltona Principle, Child Labour, Citizenship, Good character, Naturalisation
Country of Origin:South Africa
URL:https://www.courts.ie/acc/alfresco/5bad7f26-6c46-419e-84aa-da1e670683fa/2024_IEHC_105.pdf/pdf#view=fitH
References:Hussain v Minister for Justice [2011], WT & ors v Minister for Justice [2015]

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 … Read More

Principles:Repeat offending even if over a protracted period of time can be understood as not in line with ordinary civic duties and responsibilities generally expected in order to meet good character requirements for a naturalisation application. The Carltona Principle, allowing the Minister to delegate powers, applies to decisions under section 15 of the Irish Nationality and Citizenship Act 1956.
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A.S.A. v Minister for Justice and Equality

EMNireland


ASA v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court, Supreme Court
Nature of Proceedings:Judicial Review
Judgment Date/s:24 Nov 2022
Judge: MacMenamin J.
Category:Asylum, Refugee Law
Keywords:Asylum Applicant, Carltona Principle, Deportation, Leave to Remain, Protection (International), Return
Country of Origin:Nigeria
URL:www.courts.ie/view/judgments/b76af74a-fd59-4100-9a63-31b836b1eeed/de05c437-f17e-47ad-a7d9-893981bb5f42/2022_IESC_49.pdf/pdf

 Facts: The appellant was a national of Nigeria. He submitted an application for international protection in 2016, which was unsuccessful. The appellant was informed that an International Protection Officer (IPO) had recommended he not be granted refugee status or subsidiary protection pursuant to section 39 of the International Protection Act 2015. He was subsequently informed that the Minister for Justice … Read More

Principles:There is no conflict of roles or functions exists between an international protection officer in their role in the international protection procedure, and an officer of the Minister in their role in permission to remain decisions under section 49 of the 2015 Act.
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ASA v the Minister for Justice

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ASA v the Minister for Justice
Respondent/Defendant:The Minister for Justice
Court/s:High Court
Citation/s:[2021] IEHC 275
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Apr 2021
Judge:Burns T.
Category:International protection
Keywords:Carltona Principle, Permission to Remain, Refoulement (Non-)
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/d9198a1f-e94f-4dc6-924a-ee691a423831/2021_IEHC_276.pdf/pdf#view=fitH

Facts: The applicant, a Nigerian national, applied for international protection in Ireland in 2018. It was recommended that he not be granted refugee status or subsidiary protection status, and also not be granted permission to remain in the State under section 49 of the International Protection Act 2015. The applicant brought judicial review proceedings challenging the manner in which s. … Read More

Principles:The role of an International Protection Officer in taking a decision on permission to remain under section 49 of the International Protection Act 2015 is in line with the Carltona principle and does not conflict with their duties in taking a decision on refugee status and subsidiary protection status.
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