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
Damache v Minister for Justice
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 |
| 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. |