Decision maker did not have sufficient explanatory context for submission of falsified Somali passport when refusing certificate of naturalisation

Challenge to decision to refuse an application for certificate of naturalisation – Irish Nationality and Citizenship Act 1956, as amended – refused on the grounds that the Applicant had not satisfied the good character criterion under section 15(1)(b) - passport submitted had been falsified by the inclusion of a counterfeit page – fair procedure – decision maker did not make adequate reference to the fact that the Applicant herself informed the Minister that it might not be valid – obtained the passport in good faith – absolute discretion – grant of a privilege – Court of Appeal judgment – information presented must be accurately recorded, complete and seen in context and considered in full by the decision maker before reaching a determination – internal document prepared by more junior officials – must be accurate – no functioning central government in Somalia – does not know whether passport is genuine or not – applied in the only way they knew – made efforts to enter Holland to get passport at Somali embassy in Brussels but were denied entry – outcome of assessment of passport never put to the applicant – letters from applicant were unprompted and not written in response to a query as to genuineness of the passport – unclear what documents were provided to ultimate decision maker – not merely signing off recommendation - whether the submission/recommendation presented to the ultimate decision-maker was accurate, complete and contextualised – submission failed to meet the prescribed standard of fair procedures – fails to record the explanations offered by the applicant – no reference to the practical difficulties or efforts made - not apparent that the applicant herself raised the concern in relation to the passport – any information that may assist in ruling out concerns in respect of the applicant’s good character should be highlighted - recommendation expressly flags the possibility of a criminal offence being committed – consequence of failure to record exculpatory factors in recommendation is that the decision does not contain adequate statement of reasons – decision maker must be informed of any explanation of exculpatory factors – order of certiorari setting aside the decision and remit matter back to Minister – direction to reconsider it and reach a decision in accordance with the findings of the High Court