Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court upholds decision of he Minister for Justice declining to exercise discretion to grant certificates of naturalisation to two applicants, despite their Irish associations through a sibling, as they did not meet the statutory residence conditions. The applicants challenged the decision, arguing that the Minister's policy was applied incorrectly and that other pathways to naturalisation were inappropriately considered. The court found that the policy requiring exceptional circumstances for exemption from residence conditions was not an unlawful fettering of discretion. The applicants' undocumented status and the short duration of their association with an Irish citizen sibling were not deemed exceptional or compelling reasons to waive the statutory residence requirements.
Naturalisation, Irish citizenship, Ministerial discretion, Irish associations, Exceptional circumstances, Judicial review, Residence conditions, Undocumented status, Family association, Irish Nationality and Citizenship Act 1956, Regularisation of Long-Term Undocumented Migrants Scheme (the 2022 Scheme), Absolute discretion, Policy guidance, Statutory requirements, Court of Appeal, Borta v. Minister for Justice.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now