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High Court refuses judicial review of decision refusing a certificate of naturalisation, on the grounds that there was no basis to conclude that the Minister for Justice’s decision was fundamentally at variance with reason and common sense.
Judicial review – asylum and immigration – substantive decision - citizen of both Romania and Moldova challenging the decision of the Minister for Justice refusing her a certificate of naturalisation – absolute discretion of the Minister – came to the State aged 9 – sister born in the State and is a citizen – applied for certificate of naturalisation based on her Irish associations – application refused - Minister exercised the absolute discretion conferred by s. 16 to refuse a certificate of naturalisation on the basis that her Irish associations, while expressly acknowledged to exist, were not strong enough to warrant the exercise of that discretion in her favour – failed to give adequate reasons – Court satisfied that the reason given, while succinct, plainly discloses the essential rationale on foot of which the decision was taken – argued that the Minister’s decision is irrational or unreasonable on the basis of the reason given - whether an administrative decision is unreasonable or irrational – relied on her blood relationship with Irish citizen sister - irrational or unreasonable of the Minster to conclude that her Irish associations were not strong enough to merit the grant of a certificate of naturalisation - degree of relationship – factors the Minister can consider - no basis to conclude that the Minister’s decision was fundamentally at variance with reason and common sense.
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