S.A. (Zimbabwe and South Africa) v the Chief International Protection Officer & ors

EMNireland

Respondent/Defendant:The Chief International Protection Officer, the Minister for Justice and the International Protection Appeals Tribunal
Court/s:High Court
Citation/s:[2024] IEHC 477
Judgment Date/s:04 Jul 2024
Judge:Gearty, M.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Country of Birth, Country of Nationality, Country of Origin, Country of Origin (Safe), Protection (Application for International), Protection (International), Representative
Country of Origin:Zimbabwe, South Africa
URL:https://www.courts.ie/acc/alfresco/13442135-40a9-4b2f-8fd9-5282947d2db3/2024_IEHC_477.pdf/pdf#view=fitH

Facts: The applicant came to Ireland from South Africa and submitted an application for international protection. This application was refused on the basis that she was from South Africa and she could return there safely. The IPO made a preliminary decision on her nationality being South African based on her answers to the questionnaire, which she completed three days after … Read More

Principles:Where an applicant for international protection has two sets of identity paper it is incumbent on the decision maker to assess the documents and to consider the explanation given by the applicant and give an accurate recitation of the underlying facts and documents.
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Spila v Minister for Justice, Equality and Law Reform

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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

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

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.)

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