Citizenship Flashcards
(29 cards)
What is Citizenship and who has this power?
The ability of the State to define who belongs to a particular nationality is a
widely recognised aspect of immigration control
Sulaimon v Minister for Justice Equality and Law Reform [2012] IESC 63
“[T]he control of immigration, residence and citizenship is an important
State function and increasingly so in the modern world.”
What are the intangible and tangible benefits of being an Irish citizen?
ex parte Fayed [1998]
“intangible benefit of being a citizen of a country which is their and their family’s home”
“tangible benefits which
include freedom from immigration control, citizenship of the European Union and the rights which accompany that citizenship—the right to vote and the right to stand in parliamentary elections.”
How is citizenship addressed in the Constitution?
The Constitution uses “citizen” and “person” inconsistently.
NHV v Minister for Justice (2017): Rights for citizens vs non-citizens are unclear.
Nicolaou v An Bord Uchtála (1966): Non-citizens can still have constitutional protections. Cant deny rights to every non-citizen purely on the basis of their non-citizenship
How is/was citizenship acquired?
1922 Constitution: Citizenship by birth or descent.
1935 Nationality and Citizenship Act: Introduced “natural-born citizens” and citizenship by descent.
1956 Nationality and Citizenship Act: Recognized citizenship by birth (jus soli) and descent (jus sanguinis).
Birth on the island of Ireland – jus soli (right of soil)
Descent from an Irish citizen – jus sanguinis (right of blood)
Can undocumented parents with Irish citizen children reside in the state?
:YeS
🟦 Case: Fajujonu v Minister for Justice [1990]
🔑 Principle: Irish citizen children have a constitutional right to live with their parents in Ireland, even if the parents are undocumented.
📌 Quote (simplified): Children who are Irish citizens have a right to the care and company of their parents in Ireland, subject to the common good.
Does immigration control override citizenship rights (children)?
🟦 Case: Lobe v Minister for Justice [2003]
🔑 Principle: The State can prioritise immigration control over the residency rights of non-national parents, even if their child is an Irish citizen.
📌 Quote (simplified): Having a citizen child born during an asylum application does not guarantee the parents a right to stay. Immigration decisions are for the executive, not the courts
Has there been abuse of the Irish Citizenship rules before?
Case C-200/02 Chen (19 October 2004) Katherine Chen was born in Belfast – where her mother had travelled from
Wales so that Katherine would acquire Irish citizenship Mrs. Chen then resisted a deportation order made against her by the
British Home Secretary, citing her child’s rights as an Irish citizen
What did abuse of the citizenship rules lead to?
resulting 27th Amendment inserted Article 9.2.1 – that a person born on
the island without “at least one parent who is an Irish citizen or entitled to be
an Irish citizen” is not entitled to Irish citizenship or nationality….”
What other amendments were introduced?
The Irish Nationality and Citizenship Act 2004 amended the existing
Citizenship Acts to reflect the new statutory regime
Citizenship will only be acquired through birth where the person is:
Born to:
an Irish or British citizen
certain types of lawful residency
unrestricted residence on the island
or if they are Born without entitlement to citizenship elsewhere
What is the “No Citizenship Elsewhere” principle
Any individual born on the island of Ireland, who is not entitled to citizenship
elsewhere, “is” an Irish citizen
This conferral appears to be automatic – Implied by “is” an Irish citizen,
as opposed to “is entitled” to be one
must apply to the Minister for a
certificate of nationality
SY v Refugee Appeals Tribunal [2009] IEHC 18:
The applicant sought a declaration in respect of her daughter, who was born
in Ireland while the applicant was an asylum-seeker
held that must apply to the Minister
through s 28 of the Citizenship Acts
What happens when someone is born to a parent who has an unrestricted right to reside in Ireland or Northern Ireland?
If someone is born to a parent who has an unrestricted right to reside in Ireland or Northern Ireland, they are entitled to
Irish citizenship under s 6A of the Citizenship Acts
- Examples of unrestricted rights of residence include:
Birth-right Citizenship:
Parents with unrestricted residence - Where the individual has completed 8
years of legal residency in Ireland
Permission to remain indefinitely
under Stamp 5 - Where dual citizenship is held, typically
Residency without condition under
Stamp 6
What occurs when parent has been resident in Ireland for 3 of the 4 years
preceding the birth of their child?
the child is entitled to Irish citizenship
- Lawful residence in this context may comprise:
- A continuous period of residence of at least 3 of
the last 4 years, or; - A number of periods that amount to 3 years
*Section 6B of citizenship acts sets out these circumstances which can be complex - e.g. – a lawfully resident parent may die before the child’s birth
What about adoption?
Where a child is adopted by an Irish citizen pursuant to the Adoption Act
1952, the child is deemed an Irish citizen
* An abandoned child found in the State is presumed to be the child of at
least one Irish parent, and is thus presumed Irish from birth
Citizenship Renunciation and Reacquisition?
Finally, an individual who was declared Irish at birth may renounce their
citizenship in order to declare citizenship in another country
* e.g. – in countries where dual citizenship is prohibited
* e.g. – Austria, the Netherlands, China, India, Japan
* An Irish citizen by birth can re-acquire their Irish citizenship
Citizenship as a token of honour
Under s 12 of the Citizenship Acts, the President may
confer an individual (or their child or grandchild) with
Irish Citizenship
* The President may do so where, in the opinion of the
Government, this person has rendered distinguished
service to the nation
* To date, 12 people have been granted citizenship
under s 12: Jack Charlton
Naturalised Irish Citizenship
Minister can confer citizenship on an individual who is not an Irish
citizen through a Certificate of Naturalisation
* The certificate is the means through which citizenship is conferred
Sara Wallace Goodman (2010) previously categorised Ireland’s
citizenship rules as enabling integration (by allowing citizens to
establish equal status and rights) rather than rewarding it
When can a certificate of naturalisation be granted?
s 15 of the Irish Nationality & Citizenship Act 1956,
the Minister may grant an application for naturalisation
where the applicant:
* Is of full age or was born in the State;
* Is of good character, and intends to reside in the State
thereafter;
* Has made a declaration of loyalty to the State, and
undertaken to respect its laws and democratic values
* An applicant must be 18 years of age, or a child born in
Ireland, to be eligible for naturalisation
What is the residence requirement for naturalisation?
Applicants must have:
1 year of continuous residence before applying (ALL STREAMS) but under s16A Irish Nationality & Citizenship Act 1956, certain periods of residence are not calculable
4 years of residence in the last 8 years.
Irish-born children: 2 years of residence in the last 8 years.
Spouses of Irish citizens: 2 years of residence in the last 4 years.
What is good character?
“responsible attitude to the civic responsibilities of the society in which he or she seeks to be a citizen”
Minister has a broad discretion, but not ideal standard no person could meet
Hussain v Minister for Justice and Equality [2013] 3 IR 257
“Nor can the respondent impose his or her own private standard of
morality that is isolated from contemporary values.”
Are criminal conviction considered for good character?
Tabi v Minister for Justice, Equality and Law Reform [2010] IEHC 109:
* The applicant had accumulated 4 convictions for various Road Traffic
Offences, and received fines totalling €475
“[I]t would be wholly unreasonable to hold that the Minister is not
entitled to consider a series of infringements of the Road Traffic Acts”
Yes, the Minister can consider:
The number of offences.
The type of offences (e.g., traffic violations, fraud).
The time since the offences. Example: Tabi v Minister for Justice (2010) – Traffic offences were relevant.
What happens if false documents are submitted?
Submitting false documents shows bad faith and can lead to refusal. Example: AJA v Minister for Justice (2022) – A Somali applicant was refused for using a fake passport
Can the Minister waive conditions for naturalisation?
Yes, under Section 16, the Minister can waive conditions for:
People of Irish descent or Irish associations.
Refugees or stateless persons.
Spouses of Irish citizens in serious situations (e.g., threats to safety)
s15A(2), the conditions of naturalisation may be waived where the
spouse of an Irish citizen faces serious consequences in respect of bodily
integrity or liberty, if not granted citizenship
* Where the applicant does not fall into any of these categories, the Minister
cannot waive the conditions
Is naturalisation guaranteed if conditions are met?
The Minister has “absolute discretion” to grant or refuse applications.
Example: Mallak v Minister for Justice (2011) – Meeting conditions does not guarantee approval.
Does the Minister have to give reasons for refusal?
Pok Sun Shum v Ireland [1986] wasnt needed
but since decided, yes, the Minister must provide reasons for refusal.
Example: Mallak v Minister for Justice (2012) – Without reasons, applicants cannot challenge decisions.
