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Court of Appeal dismisses appeal of the decision of the High Court refusing judicial review of a decision of the Minister for Foreign Affairs refusing citizenship, on the grounds that the effect of the revocation of the applicant's father’s status as a refugee was to invalidate that declaration ab initio, and consequently his residence could not be brought into the reckoning in determining his child’s asserted entitlement to citizenship.
Immigration and citizenship - certain persons born on the island of Ireland are not entitled to Irish citizenship unless one of their parents has been resident in the island for specified periods of time – born when his father had been in the State for the required time – declaration of refugee status which had been revoked - information which was false and misleading – High Court held that residence procured in this way could not be taken into account in reckoning presence in the State for the purposes of the derivative citizenship – father’s immigration history – application for a passport - Minister was not satisfied that the child was an Irish citizen – passport refused – decision affirmed on appeal – mother granted refugee status – younger sister given an Irish passport - decision of the High Court – relevant statutory provisions – caselaw - expressio unis exclusio alterius – statutory interpretation – whether the declaration of refugee status was in force - effect of revocation is a matter of law - revocation of a declaration of refugee status operates to invalidate that declaration ab initio – child required permission to be in the State – without such a permission his residence cannot be brought into the reckoning in determining his asserted entitlement to citizenship – permission to be in the State - a fraudulently obtained permission is a nullity – father’s presence in the State is not reckonable for the purposes of his son’s claim of citizenship – appeal dismissed –
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