UM v the Minister for Foreign Affairs & anor

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M v the Minister for Foreign Affairs & anor
Respondent/Defendant:The Minister for Foreign Affairs and Passport Appeals Officer David Barry
Court/s:Supreme Court
Citation/s:[2022] IESC 25
Nature of Proceedings:Appeal
Judgment Date/s:02 Jun 2022
Judge: Dunne E.
Category:Citizenship, Citizenship (Loss of), Refugee Law
Keywords:Citizenship, Citizenship (Acquisition of), Citizenship (Loss of), Dependant, Family Member, Refugee, Refugee Status (Withdrawal of)
Country of Origin:Afghanistan
URL:https://courts.ie/view/judgments/489c8348-eefe-4710-ad77-5d07c5900dfe/c6e228ba-8511-496c-bfcf-97e1fb6be228/2022_IESC_25_Dunne%20J.pdf/pdf

Facts: UM was born in Galway in June 2013. His father, MM, an Afghan national, was declared a refugee in in Ireland in 2006. In June 2013, MM was informed by the Department of Justice of an intention to revoke his refugee status on grounds including that he had returned to Afghanistan and stayed there for two months and that … Read More

Principles:Revocation of refugee status has prospective effect. A residence status conferred by the State on a parent based on false or misleading information could, under the terms of the relevant legislation, be included for the calculation of the period required to confer an entitlement of citizenship to their child.
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Damache v Minister for Justice

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Damache v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2021] IESC 6
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:10 Feb 2021
Judge:Dunne E
Category:Citizenship
Keywords:Citizenship, Citizenship (Loss of), Naturalisation
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/e8e35474-4125-4e5e-8023-5a69ee31a436/2021_IESC_6.pdf/pdf#view=fitH

Facts: The applicant was an Algerian national who had been granted a certificate of naturalisation but subsequently pleaded guilty in the United States to a charge of materially assisting in an Islamist terrorist conspiracy. The Minister subsequently issued a proposal to revoke the applicant’s naturalisation on the basis that he had failed in his duty of loyalty and fidelity to … Read More

Principles:Section 19(2) and (3) of the Irish Nationality and Citizenship Act 1956 were invalid having regard to the provisions of the Constitution. Before any revocations could take place it would be necessary to introduce a new process which meets the requirements of natural justice. Given that there was a statutory scheme in place, it would be appropriate for the Oireachtas to determine the basis of any proposed scheme to replace that which has been found wanting, whether the process should be dealt with by way of statutory amendment or alternatively, by way of statute empowering the Minister to create an administrative scheme.
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Damache v Minister for Justice

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Damache v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 63
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:14 Oct 2020
Judge:Dunne E
Category:Citizenship
Keywords:Citizenship, Citizenship (Loss of), Naturalisation
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/9f6e2c6d-eb77-4c9f-ad57-fffe7ffc65f6/2020_IESC_63.pdf/pdf#view=fitH

Facts:  The applicant was an Algerian national who had been granted a certificate of naturalisation but subsequently pleaded guilty in the United States to a charge of materially assisting in an Islamist terrorist conspiracy. The Minister subsequently issued a proposal to revoke the applicant’s naturalisation on the basis that he had failed in his duty of loyalty and fidelity to … Read More

Principles:Section 19 of the Irish Nationality and Citizenship Act 1956 was unconstitutional because it did not provide the procedural safeguards required to meet the high standards of natural justice applicable to a person facing revocation of naturalisation by reason of the absence of an impartial and independent decision maker.
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Damache v Minister for Justice

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Damache v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 444
Nature of Proceedings:Judicial review
Judgment Date/s:31 May 2019
Judge:Humphreys R
Category:Citizenship
Keywords:Citizenship, Citizenship (Loss of), Naturalisation
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/790861e8-22ef-44de-9e1b-8401147bed00/2019_IEHC_444_1.pdf/pdf#view=fitH

Facts The applicant was an Algerian national who had been granted a certificate of naturalisation but subsequently pleaded guilty in the United States to a charge of materially assisting in an Islamist terrorist conspiracy. The Minister subsequently issued a proposal to revoke the applicant’s naturalisation on the basis that he had failed in his duty of loyalty and fidelity to … Read More

Principles:Section 19 of the Irish Nationality and Citizenship Act 1956 was not unconstitutional or incompatible with the European Convention on Human Rights.
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NA (Somalia) and UM (Afghanistan) v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:10 Nov 2017
Judge:Steward C.
Category:Citizenship, Refugee Law
Keywords:Citizenship, Citizenship (Loss of), Refugee, Refugee Status (Withdrawal of)
Country of Origin:Somalia/Afghanistan
URL:https://www.courts.ie/acc/alfresco/2083e39b-b08f-4d17-b54a-a7072cd52580/2017_IEHC_741_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: In the first case, the first named applicant, a Somali national, arrived in the State in 2004. She married another Somali national and was granted residence permission based on his refugee status, which he acquired in June 2008. His refugee status was revoked in October 2011 under s.21(1)h of the Refugee Act 1996, on grounds that the information provided … Read More

Principles:

Revocation of a person’s grant of refugee status on the basis of false and misleading information had the effect of rendering that grant void ab initio. It also had the legally unavoidable effect of rendering the grant of Irish citizenship to the children of such persons null and void.[2017] IEHC 741

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