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

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

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.
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