High Court, in three cases concerning applications for citizenship, grants order of mandamus compelling the Minister for Justice to make a decision in respect of one of their applications for a certificate of naturalisation where the delay was egregious and the Minister has not explained why the investigation cannot be progressed or why a decision cannot be provided; but the court refuses relief in the other two cases where the applicants did not have a legitimate expectation that they would be declared citizens, and where they were the subject of ongoing investigations.
Asylum and immigration – judicial review – three cases – citizenship – argue that they should be declared citizens - seeking to compel the Minister for Justice to process their applications – each claim that they are entitled to a certificate of naturalisation based on the correspondence with the Minister – argued that they are entitled to a decision on their application bearing in mind the period of time that has elapsed since the application was made - statutory context - legitimate expectation - the correspondence from the Minister makes it clear that her statement that she intends to grant the application for a certificate of naturalisation does not constitute a grant of a certificate of naturalisation - the applicants received a letter from the Minister indicating that the Minister proposed to grant the application subject to the successful completion of the application process - the Minister cannot grant the application until the person in question has made a declaration in the prescribed manner of fidelity to the nation and loyalty to the State and has undertaken to observe the laws of the State and respect its democratic values - in none of the cases has the declaration been made - no question that the applicants are entitled to a declaration of citizenship on the basis of the letters sent to them – delay - relevant considerations - Minister has an absolute discretion in relation to the grant of same – privilege and not a right - appropriateness of mandamus in the circumstances - given the clear statutory framework and the Minister’s obligation to consider the application in the absolute discretion conferred upon her, it is not open to a court to effectively compel the Minister to proceed to grant a certificate of naturalisation – separation of powers – directing the Minister to make a decision – ongoing investigation – marriage of convenience - no updating by the respondent - Minister has not explained why the investigation cannot be progressed or why a decision cannot be provided – delay is egregious - disclosure of information by the Minister – limited relief granted in one case –