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 (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)

EMNireland


A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)
Respondent/Defendant:International Protection Appeals Tribunal
Citation/s:[2023] IEHC 141
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Mar 2023
Judge:Simons, G.
Category:Asylum, Refugee Law
Keywords:Asylum Applicant, Child, Child Labour, Common European Asylum System (CEAS), Family Member, Minor, Reception Conditions, Reception Conditions (Material), Regularisation
URL:https://courts.ie/view/judgments/a6ff02c1-775d-46fd-b3d7-e4c89cf081b2/3dfbcb87-96e0-4360-a374-0c4447b6a4bd/2023_IEHC_141.pdf/pdf

Facts: The claimants were two parents and their child, who was under the age of two. The parents previously applied for international protection and their applications were unsuccessful. They were then subject to deportation orders.   Their child was born in April 2021 and an application was made for international protection in respect of the child. The parents contended that they … Read More

Principles:An infant child does not have a right to work in the Irish State, not only under the recast Reception Conditions Directive, but under national law. Thus the parents could not vicariously exercise a right that the child did not hold. The parents also could not derive a right to work from the child applicant.
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