The Minister refused the Applicants’ requests for naturalisation on the basis that time spent in the asylum process did not contribute towards the residence requirement of five years. The Applicants sought to review the Minister’s decision, arguing, inter alia, that he had fettered his discretion in the exercise of the “absolute discretion” conferred on him in deciding whether to issue … Read More
Robert & Anor v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform |
| Court/s: | Supreme Court |
| Citation/s: | [2004] IEHC 348 |
| Judgment Date/s: | 02 Nov 2004 |
| Judge: | Peart |
| Category: | Naturalisation, Refugee Law |
| Keywords: | Naturalisation, Refugee, Refugee Law, Refugee Status, Residence Permit |
| Principles: | Where an asylum applicant withdraws his claim and subsequently applies for naturalisation, time spent in the asylum process will not normally be relevant in calculating residence in the State for the purposes of seeking naturalisation. |