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Applicant for certificate of naturalisation was aware from previous refusals that prior convictions would be a factor in decision
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High Court refuses judicial review of a decision of the Minister for Justice refusing a certificate of naturalisation to a South African national, on the grounds, inter alia, that, whilst the applicant has stated that the respondent failed to put to the applicant the fact that prior convictions would be relevant in the respondent’s assessment, even assuming this argument has been properly pleaded,the applicant was aware from two prior refusals of naturalisation that prior convictions were likely to have an impact on the decision, together with her explanation or excuse in respect of the two earlier convictions quoted in the decision.
Judicial review - applicant is a South African national who came to the State in 2021 and has resided here since - applicant made an application for a certificate of naturalisation to the respondent which was refused on 28 October 2022 - proceedings seek to quash the said decision - whether decision is inconsistent, irrational and disproportionate - whether adequate reasons were afforded - applicant was convicted of road traffic offences - whether the Minister only has been expressly authorised to make the decision under s.15 of the Irish Nationality and Citizenship Act 1956 as amended - WT & Ors. v The Minister for Justice [2015] IESC 73 McMenamin J in the Supreme Court considered the application of what was known as the Carltona Principle.
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