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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T.R.I. (a minor suing by his mother and next friend LB) v the Minister for Foreign Affairs and Minister for Justice

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Respondent/Defendant:The Minister for Foreign Affairs and the Minister for Justice
Court/s:High Court
Citation/s:[2024] IEHC 96
Nature of Proceedings:Judicial review
Judgment Date/s:21 Feb 2024
Judge:Bolger, Marguerite
Category:Citizenship
Keywords:Citizenship, Naturalisation, Protection (Person Eligible for Subsidiary), Protection (Subsidiary), Protection Status (Subsidiary), Residence Permit
URL:https://www.courts.ie/acc/alfresco/36d60b60-b600-4311-a7bd-9108eb22ffb7/2024_IEHC_96.pdf/pdf#view=fitH
References:AJK v The Minister for Defence [2020]

Facts: The applicant was a child who was born in Ireland and whose mother held subsidiary protection status in the State. The child’s mother applied for an Irish passport for the child relying on section 6A(2)(d)(i) of the Irish Nationality and Citizenship Act 1956. Section 6A(1) of the 1956 Act provides that a person who was born in Ireland shall … Read More

Principles:The period of residence of subsidiary protection holders is temporally restricted. The children of subsidiary protection holders therefore cannot rely on s. 6A (2)(d)(i), Irish Citizenship and Nationality Act 1956 to apply for citizenship.
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NZ & ors v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice, Ireland
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:03 Oct 2023
Judge:Phelan, S.
Category:Visa
Keywords:Charter of Fundamental Rights of the European Union, Child, Citizenship, European Convention on Human Rights (ECHR), Family (Nuclear), Family Reunification, Family Unity (Right to), Marriage of Convenience, Naturalisation, Visa
Country of Origin:Pakistan
URL:https://www.courts.ie/view/judgments/2c4a0156-96b1-4406-aea5-974d177175f8/47bd6fa5-1c6a-4229-b8f0-294d5fac50fa/2023_IEHC_545.pdf/pdf
Geographic Focus:Ireland, Pakistan

Facts: SMR was born in Pakistan and married an Irish national in 2004. In 2005, he moved to Ireland and he is now a naturalised Irish citizen. The couple had two children, who are Irish citizens. The applicant submitted that his marriage was subsequently dissolved in accordance with Pakistani law around 2011 and he has custody of the children. In … Read More

Principles:When deciding whether to issue a join family visa to the child of an Irish citizen, consideration must be given the child’s rights under Articles 40 to 42A of the Irish Constitution and a balancing exercise must be conducted between the child’s rights and the State’s interests and the common good.
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A.J.A. v Minister for Justice and Equality

EMNireland


AJA v the Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Nov 2022
Judge: Simons G.
Category:Naturalisation
Keywords:Citizenship, Citizenship (Acquisition of), Country of Nationality, Naturalisation
Country of Origin:Somalia
URL:https://courts.ie/acc/alfresco/ed387a08-4017-4bec-9a04-a43dab31dfff/2022_IEHC_624.pdf/pdf#view=fitH

Facts: The applicant was a national of Somalia who applied for naturalisation in Ireland. The naturalisation application included a Somalian passport in the applicant’s name. The applicant’s solicitor subsequently informed the Minister of the circumstances in which the passport was obtained and submitted that the applicant was unsure as to its genuineness. It was submitted that she obtained the passport … Read More

Principles:Where there are serious and damaging allegations in a submission or recommendation used to make a decision such as that on a naturalisation application, basic fairness and natural justice requires that any information that may assist in dispelling concerns about an applicant’s good character should be highlighted for the 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: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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Jones v Minister for Justice

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Jones v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Court of Appeal
Citation/s:[2019] IECA 285
Nature of Proceedings:Judicial review/Appeal
Judgment Date/s:14 Nov 2019
Judge:Whelan M
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Australia
URL:https://www.courts.ie/acc/alfresco/31702c60-3d89-4ff8-a581-5ba6454fa1cf/2019_IECA_285_1.pdf/pdf#view=fitH

Facts Section 15(1) of the Irish Nationality and Citizenship Act 1956, as amended, provides, inter alia, that “Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant … (c) has had a period of one year’s continuous residence in the State immediately before the date … Read More

Principles:The term “continuous residence” should be given its ordinary and natural meaning and the Minister was entitled to adopt a policy that permitted up to six weeks’ absence from the State per year while remaining continuously resident in the State for the purposes of an application for naturalisation.
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AA v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:Court of Appeal
Citation/s:[2019] IECA 272
Nature of Proceedings:Judicial review/Appeal
Judgment Date/s:29 Oct 2019
Judge:Baker M
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Sudan
URL:https://www.courts.ie/acc/alfresco/6fa3e072-a7c6-4342-9192-40c3aeace2fb/2019_IECA_272_1.pdf/pdf#view=fitH
Geographic Focus:Sudan

Facts: the applicant was a Sudanese national who unsuccessfully applied for asylum in the State but was subsequently granted permission to reside in the State on the basis of marriage. The applicant had two children with her husband, both of whom were Irish citizens, and subsequently applied for naturalisation. The application was refused by the Minister on the basis that … Read More

Principles:The Minister was not entitled to refuse an application for naturalisation on good character grounds because the applicant had made an unsuccessful application for asylum in circumstances where her appeal against the refusal of refugee status was ultimately withdrawn because she had been granted permission to reside in the State on the basis of marriage.
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Iurescu v Minister for Justice

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Iurescu v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 535
Nature of Proceedings:Judicial review
Judgment Date/s:19 Jul 2019
Judge:Keane D
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Moldova
URL:https://www.courts.ie/acc/alfresco/7370d5f8-1ca9-4176-afe6-a1eb665136e1/2019_IEHC_535_1.pdf/pdf#view=fitH

Facts: The applicant was a child whose father submitted an application for naturalisation on her behalf under section 15 of the Irish Nationality and Citizenship Act 1956. The Minister refused the application on the basis that the applicant’s father did not satisfy the “good character” requirement because he had a number of convictions. The applicant’s mother challenged the decision to … Read More

Principles:The Minister was not entitled to refuse an application for naturalisation behalf of a child on good character grounds because the child’s parent is not of good character.
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Jones v Minister for Justice

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Jones v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 519
Nature of Proceedings:Judicial review
Judgment Date/s:11 Jul 2019
Judge:Barrett M
Category:Citizenship
Keywords:Citizenship, Citizenship (Acquisition of), Naturalisation
Country of Origin:Australia
URL:https://www.courts.ie/acc/alfresco/85b79577-5e85-4c3c-bbc8-f32d8bd114c4/2019_IEHC_519_1.pdf/pdf#view=fitH

Facts Section 15(1) of the Irish Nationality and Citizenship Act 1956, as amended, provides, inter alia, that “Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant … (c) has had a period of one year’s continuous residence in the State immediately before the date … Read More

Principles:For the last year prior to a naturalisation application an applicant must show a one-year period of residence in Ireland that is unbroken, uninterrupted, connected throughout in space or time.
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AP v Minister for Justice

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AP v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2019] IESC 47
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:31 May 2019
Judge:Clarke F; O’Donnell D
Category:Citizenship, Refugee Law
Keywords:Citizenship (Acquisition of), Naturalisation, Refugee
Country of Origin:Iran
URL:https://www.courts.ie/acc/alfresco/009d85d1-dab7-4142-bd5e-96e2cde141f7/2019_IESC_47_2.pdf/pdf#view=fitH

Facts The applicant was an Iranian national who arrived in the State in October 1989 and was granted refugee status in December 2001. He had made four previous applications for a certificate of naturalisation under the provisions of the Irish Nationality and Citizenship Act 1956 (as amended). His fifth application for naturalisation was refused by the Minister by decision of … Read More

Principles:It was at least possible to put in place an enhanced process whereby an independent assessment could be made as to whether any version of privileged information relied on in refusing an application for naturalisation, could be provided in a way which would not affect State interests to the extent that disclosure should not be required at all
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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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GKN v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 478
Nature of Proceedings:First instance
Judgment Date/s:22 Oct 2014
Judge:MacEochaidh J.
Category:Citizenship
Keywords:Citizenship, First instance, Naturalisation
Country of Origin:Kenya
URL:https://www.courts.ie/acc/alfresco/c86e29fd-ab20-4554-b181-3750f8e935c8/2014_IEHC_478_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant held a declaration of refugee status and applied to the Minister for Justice for a certificate of naturalisation. It was disclosed in the course of the application that he had been arrested and convicted of hit and run and leaving the scene of the accident, in respect of which he was fined €300 in respect of both … Read More

Principles:

If, when assessing applications for certificates of naturalisation, officials in the Department of Justice are aware of information tending to suggest that an applicant is not of good character, such as having had a conviction recorded against him, then in order to conduct a proper assessment of his application, they should have regard to the outline facts of the offence, any mitigating factors, the maximum punishment and the punishment imposed, as the latter would likely indicate the gravity of the offending behaviour in the eyes of the sentencing court.

If an applicant makes representations to the Minister in connection with an offence or circumstances in which he came to the adverse attention of the Gardaí as might tend to excuse his behaviour, the officials should weigh that in the balance in accordance with fair procedures, and bring it to the attention of the Minister.

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AP v Minister for Justice and Equality (No. 2)

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 241
Nature of Proceedings:Judicial Review
Judgment Date/s:02 May 2014
Judge:McDermott J.
Category:Naturalisation, Refugee Law
Keywords:Naturalisation, Refugee
URL:https://www.courts.ie/acc/alfresco/e57633da-f414-4229-a7bd-fb50327dad07/2014_IEHC_241_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant applied to the Minister for Justice for a certificate of naturalisation and his application was refused, no reasons being provided. He was granted leave by the High Court to apply for judicial review of the refusal on the basis that the refusal to disclose reasons was unlawful. The court noted that, following the decision of the Supreme … Read More

Principles:

When refusing an application for a certificate of naturalisation, the Minister for Justice is entitled to do so on the basis that the applicant has not satisfied the “good character” criterion. If the Minister does not wish to disclose the information upon which his decision or the recommendation which led to it was based, he must provide a justification for this, subject to any appropriate claim of privilege he may wish to make. Any claim of privilege must be specific and should not be so vague or general as to leave the applicant and, as the case may be, a reviewing court, unclear as to the nature of the privilege claimed.

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AP v Minister for Justice and Equality (No. 1)

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 17
Nature of Proceedings:Judicial Review
Judgment Date/s:17 Jan 2014
Judge:McDermott J.
Category:Naturalisation, Refugee Law
Keywords:Naturalisation, Refugee
URL:https://www.courts.ie/acc/alfresco/47b878df-6583-4494-a16c-09aece006b2b/2014_IEHC_17_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: Order 31, r. 15 RSC entitles a party to proceedings to notify the other party in whose affidavit reference is made to a document, to produce that document for inspection and permit copies thereof to be taken. If the other party fails to comply, he may not rely on the document(s) in question in evidence, unless he can satisfy … Read More

Principles:

Where an applicant challenges a refusal by the Minister for Justice to grant him a certificate of naturalisation and that decision was based on information contained in certain documents, inspection of such documents under O. 31, rr. 15 and 18 RSC will not necessarily be refused on grounds such as public interest privilege or that inspection would be inimical to the interests of the State if the court is satisfied that those grounds are not made out and if the document or documents in question are clearly relevant to its determination as to whether the refusal to furnish reasons for the refusal of the certificate was unlawful and if they contain information which might directly or indirectly enable the applicant to advance his case or damage that of the Minister in the proceedings.

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Mansouri v Minister for Justice and Law Reform

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Respondent/Defendant:Minister for Justice and Law Reform
Court/s:High Court
Citation/s:[2013] IEHC 527
Judgment Date/s:29 Jan 2013
Judge:McDermott J.
Category:Citizenship, Naturalisation
Keywords:Citizenship, Naturalisation, Refugee
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/67b0eaa2-de0c-4983-b75c-9554134c97d6/2013_IEHC_527_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was an Algerian who had been granted refugee status in the State in 2007. He applied for a certificate of naturalisation in February, 2008. A decision had yet to be made in January, 2012, when he instituted proceedings and obtained leave to compel the Minister for Justice to make a decision in it. In the intervening period, … Read More

Principles:

When the Minister is deciding applications for certificates of naturalisation, he should ensure, as far as possible, that applicants are informed, in general terms, of the reasons for any delays in making decisions. Failure to do so may result in judicial review proceedings for mandamus issuing against him to compel him to make decisions on such applications, with applicants being entitled to claim some or all of their costs in the event that the proceedings become moot before obtaining a hearing date as a result of the making of a decision by the Minister.

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Mallak v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Supreme Court
Citation/s:[2012] IESC 59
Nature of Proceedings:Appeal
Judgment Date/s:06 Dec 2012
Judge:Supreme Court (Fennelly J gave judgment for the Court) (Denham CJ, Murray J, O’Donnell J, McKechnie J)
Category:Citizenship, Naturalisation
Keywords:Charter of Fundamental Rights of the European Union, Citizenship, Citizenship (Acquisition of), Geneva Convention & Protocol, Naturalisation, Non-national, Refugee, Refugee (Convention)
URL:https://www.courts.ie/acc/alfresco/01c05728-fb80-47dc-a324-7b100387151a/2012_IESC_59_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The appellant was a citizen of Syria. He and his wife were recognised as refugees in Ireland in 2002 and he subsequently applied for a certificate of naturalisation pursuant to Section 15 of the Irish Nationality and Citizenship Act 1956 (as amended). This application was refused by the Minister in November 2008 acting in his absolute discretion. He did … Read More

Principles:

It does not necessarily follow that where a decision is in the absolute discretion of the decision maker, no reason need be given for it. There is a difference between having a reason and disclosing it. It cannot be correct to say that the ‘absolute discretion’ conferred on the Minister necessarily implied that he is not obliged to have a reason. That would be the very definition of an arbitrary power and the rule of law required all decision makers to act fairly and rationally, meaning that they must not make decisions without reasons.

While the grant or refusal of a certificate of naturalisation is, at least in one sense, a matter of privilege rather than of right, the mere fact that a person is seeking access to a privilege does not affect the extent of his right to have his application considered in accordance with law or apply to the courts for redress. It would be contrary to the notion of a state founded on the rule of law if all persons within the jurisdiction, including non-nationals, did not in principle have a constitutionally protected right of access to the courts to enforce their legal rights.

It is impossible for an applicant to address the Minister’s concerns and to make an effective application when he is in complete ignorance of the Minister’s concerns. More fundamentally, it is not possible for an applicant, without knowing the Minister’s reason for refusal, to ascertain whether he has a ground for applying for judicial review and, by extension, it would not possible for the courts to effectively exercise their power of judicial review.

Several converging legal sources strongly suggested an emerging common view that persons affected by administrative decisions have a right to know the reasons on which they are based including Section 18 of the Freedom of Information Act 1997, Article 296 of the Treaty on the Functioning of the European Union (TFEU) and Article 41 of the EU Charter of Fundamental Rights, which provides that every person shall benefit from the right to good administration including the obligation of the administration to give reasons for its decisions,  as well as relevant jurisprudence. 

The Supreme Court considered that at the very least the decision maker must be able to justify the refusal to give reasons.

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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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Hussain 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:[2011] IEHC 171
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Apr 2011
Judge:Hogan J.
Category:Naturalisation
Keywords:Citizenship, Citizenship (Acquisition of), Nationality, Naturalisation
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/44af5cc1-4aa1-44fe-bbed-2542390b4596/2011_IEHC_171_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:Jiad v. Minister for Justice, Equality and Law Reform [2010] IEHC 187; L.G.H. v. Minister for Justice, Equality and Law Reform [2009] IEHC 78

The Applicant was a national of Pakistan who had lived in Ireland lawfully since 2000. He applied for certificate of naturalization in December 2005. In March 2010 his application was refused by the Minister on the grounds that he had not disclosed that he had not disclosed on his application form that he had been investigated by Gardai for passing … Read More

Principles:The Minister’s assessment of good character for the purposes of s. 15 of the INCA 1956 is amenable to judicial review and his conclusion must to be one which is bona fide held and factually sustainable and not unreasonable.
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Abuissa 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:[2010] IEHC 366
Nature of Proceedings:Judicial Review
Judgment Date/s:01 Jul 2010
Judge:Clark J.
Category:Naturalisation, Refugee Law
Keywords:Citizenship (Acquisition of), Naturalisation, Refugee, Refugee Law
Country of Origin:Occupied Palestinian Territories
URL:https://www.courts.ie/acc/alfresco/3bf09c32-e521-4ab1-a396-ef7a94fdd90f/2010_IEHC_366_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

The Applicant was a Palestinian national born in Libya who has been granted refugee status. He applied to the Minister for naturalisation as an Irish citizen. His application was refused and no reason for the refusal was furnished to him. He sought judicial review of the decision of the Minister refusing him a certificate of naturalisation on the basis that … Read More

Principles:The Minister has an absolute discretion in deciding whether to grant a certification of naturalisation and is not required to give reasons for a refusal to grant such a certificate.
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