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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