RECENT COURT OF APPEAL JUDGEMENT RELATING TO REFUSAL OF NATURALISATION APPLICATION FOLLOWING ROAD TRAFFIC OFFENCES

On the 7th of January 2025, the Court of Appeal issued a judgment in the proceedings M and the Minister for Justice refusing to overturn the High Court’s judgement that the Minister’s decision not to grant a naturalisation certificate was lawful.

The facts of the case concerned a South African national, who had been resident in the State since 2001. She had applied for naturalisation in August of 2017, and was issued with a decision on the 28th of October 2022. Her application was refused largely on good character grounds, as she had incurred a number of driving offences in the State over the years. This applicant also had two previous refused naturalisation applications.

The Appellant had been convicted of numerous traffic offences, in 2007, 2012 and 2021. She argued that the initial traffic offences were no longer relevant, and that it was inappropriate to take into account offences that occurred so long ago when assessing her good character for the purposes of naturalisation.

However, referring to case law on the definition of good character, Ms Justice Hyland of the Court of Appeal held that there was no reason “old” traffic offences could not be considered. She noted that it is mandatory to disclose spent convictions when applying for citizenship. It was noted by the trial judge that the appellant’s general disregard for the Road Traffic Acts informed the Minister’s decision, and that this was appropriate. Ms Justice Hyland agreed with this assessment.

Furthermore, it was held that the 2021 conviction must be considered recent; the Minister was entitled to consider all three of the convictions, placing the most weight on the most recent offence.

It was held that the Minister comprehensively assessed the Appellant’s character in coming to her decision. The decision recited the history of the appellant’s naturalisation applications and long-term residency applications, accurately set out details of the appellant’s convictions and penalties, and summarised the explanation given by appellant for same. The decision also referred to her employment since 2001. The judge was satisfied that everything had been considered as a whole, and that ultimately the appellant’s disregard for road traffic laws (in particular, her careless driving) meant that she was deemed not to be of good character for the purposes of naturalisation.

This judgement highlights the significance of minor road traffic offences in the assessment of good character for the purposes of naturalization applications.

To read this judgment in full, please see the below link:

https://www.courts.ie/view/Judgments/a7508764-2b51-4f89-9cc3-43891710d72d/74f0aa0e-16e1-42dd-813b-d7ed17c5af59/2025_IECA_1.pdf/pdf

Berkeley Solicitors is available to provide advice and support for anyone commencing the naturalization application process.

 

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

Lengthy delays in the processing of Join Family visas  

As of the 29th of April 2025, the Immigration Service Delivery have updated their visa decisions page outlining which visa applications and visa appeals are currently being processed by the Dublin visa office.

A notable change is that the dates of join family visa applications currently being processed has been updated. The most recent decision made on a join family visa application, where the sponsor is in category B, was issued for an application received by the Visa Office on the 22nd of November 2023. Appeals of the same category received on the 7th of December 2022 are also now being issued with decisions.

For join family visa applications where the sponsor is in Category A, or an Irish citizen, the Department has most recently issued decisions on applications received on the 7th of August 2023. Regarding appeals of applications falling into the same category, those received on the 2nd of February 2023 have been issued with decisions.

It is unusual that applications from Category B sponsors are being processed more expeditiously than those from Category A sponsors.

The ISD business targets for the processing of Join family visa applications for sponsors in Category A is 6 months and for Category B is 12 months. These business targets are not being met and the delay in the processing of join family visas has become a notable and stressful concern for clients.

Furthermore, it is concerning that the page had previously stated that applications received on 23rd July 2023 were being processed. This processing time was in place for over six months. This would indicate a complete stalling of the processing of applications, or that extremely few applications, if any, were processed in this time frame.

This delay in processing of visas for families is a source of concern. It is resulting in long term separation of families, including children and is a source of huge stress to our clients.

For more information on the processing times for visa applications being assessed in Dublin, please see the link below:

https://www.irishimmigration.ie/visa-decisions/

Berkeley Solicitors is available to provide advice and support for anyone commencing the Visa application process.

If you have any queriers relating to the processing time for visa applications please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisor.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

MINISTER FOR JUSTICE COMMENCES NEW LEGISLATION ALLOWING FOR REVOCATION OF IRISH CITIZENSHIP BY NATURALISATION

Section 19 of the Irish Nationality and Citizenship Act 1956 empowers the Minister to revoke naturalised Irish citizenship in certain circumstances and sets out the procedure to do so.

Following the decision of the Supreme Court in the case of Damache v Minister for Justice [2021] IESC 6, this procedure could not be utilised as it was found to be unconstitutional.

The Supreme Court held that the process as provided for in Section 19 of the Irish Nationality and Citizenship Act 1956 did not contain sufficient procedural safeguards to meet the high standards of natural justice applicable to a person facing such severe consequences.

The Minister for Justice Jim O’Callaghan has signed an order to recommence legislation allowing for naturalised Irish citizenship to be revoked in serious cases, effective from 7th April 2025.

We refer to our previous blog post on this topic, available here.

In a statement, Minister O’Callaghan outlines that the issues raised in the Supreme Court judgement of Damache have been addressed in the new procedure.

Section 19 of the 1956 Act (as amended) allows the Minister for Justice to revoke a certificate of naturalisation in cases where:

(1) the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances,

(2) the person has failed in their duty of fidelity to the nation and loyalty to the State,

(3) the person is ordinarily resident outside Ireland for a continuous period of seven years and without reasonable excuse has not annually registered an intention to retain Irish citizenship,

(4) the person is a citizen of another country which is at war with Ireland, or

(5) the person has voluntarily acquired another citizenship.

The new procedure is as follows:

Where the Minister is satisfied that one or more of the above reasons to revoke a certificate of naturalisation exists, the Minister shall issue a notice of intention to revoke the certificate of naturalisation on the person concerned. This notice must inform the affected person of the intention to revoke their certificate of naturalisation, and set out the reasons for this.

The notice can be served on an affected person in numerous ways, including by post or electronically.

Once the notice has been issued, the affected person will have a period of 28 days to respond and make representations regarding the revocation of their citizenship.

The Minister must then notify the affected person of the decision. If the Minister decides to revoke the certificate of naturalisation, the reasons for this decision must be set out.

A person who is the subject of a decision to revoke their certificate of naturalisation will have the right to request that an independent Committee of Inquiry be held to look into the Minister’s decision.

The Committee of Inquiry will consider the Minister’s decision to revoke the certificate of naturalisation and may decide to affirm or set aside the decision.

For further information, please see the press release published by the Irish government here.

Berkeley Solicitors are available to provide support and assistance to any persons affected by the new revocation process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

CHANGES TO INTERIM LIST OF ELIGIBLE PROGRAMMES (ILEP) AND IMPLEMENTATION OF NEW ‘TRUSTED IRELAND’ QUALITY MARK FOR STUDENT IMMIGRATION PURPOSES

Immigration Service Delivery (ISD) has published updated criteria for programmes to be included on the Interim List of Eligible Programmes (ILEP), on 21st March 2025.

A series of reforms on the student immigration system for Non-EEA students were implemented in 2015 in line with the ‘Reform of the International Education Sector and Student Immigration System’ policy statement.

The ILEP was introduced as a more restrictive list of education programmes eligible for student immigration purposes, used as a reference point for ISD, in considering visa and residency applications from non-EEA applicants wishing to study on a full-time basis in Ireland. The inclusion of programmes in the ILEP enables providers to recruit non-EEA students to study full-time in Ireland.

The ILEP was developed as an interim measure and will shortly be superseded by the International Education Mark (IEM), which launched in 2024. The Quality and Qualifications Ireland (QQI) will award a ‘TrustEd Ireland Quality Mark’ to higher education and English language providers who demonstrate that they meet national standards to ensure a quality experience for international students.

Once the ‘TrustEd Ireland’ scheme is fully implemented, the ILEP will cease to operate. Once the ILEP is discontinued, only education providers granted authorisation to use the ‘TrustEd Ireland’ mark will be eligible to recruit students from outside the EEA to their educational programmes.

Where a provider has programmes listed in the ILEP and remains in compliance with ILEP criteria, it may continue to recruit non-EEA nationals until the ILEP ceases operation.

The final ILEP update will be published in June 2025, after which point there will be no further additions to the list.

The ILEP will then be gradually phased out in line with the implementation of the ‘TrustEd Ireland’ scheme.

Study Visas and Stamp 2 immigration permissions will then only be granted for participation in a course offered by a provider with authorisation to use the ‘TrustEd Ireland’ mark.

More information on the updated ILEP criteria is available here.

More information regarding the ‘TrustEd Ireland’ quality mark can be found here.

Berkeley Solicitors are available to provide advice in respect of all matters relating to the student visa process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPDATED GUIDANCE ON APPLYING FOR NATURALISATION THROUGH IRISH ASSOCIATIONS

On the 2nd of April 2025, the Department of Justice published updated guidelines for those looking to apply for Irish citizenship via Irish associations.
The Irish Nationality and Citizenship Act 1956 provides that the Minister for Justice has the discretion to grant a certificate of naturalisation where the applicant is of Irish descent of Irish associations, despite the normal conditions for naturalisation not being met.

For the purposes of this Act, a person is considered to be of Irish associations if they are related through blood, affinity or adoption to, or are the civil partner of:

• a person who is (or is entitled to be) an Irish citizen; or
• a deceased person who was (or was entitled to be) an Irish citizen at the time of their death.

It is not enough for a person to simply establish that they are of Irish associations. The Minister will use his absolute discretion in considering these applications, taking into account the following indicative categories:

• Experiential connection to the State
• Family connections to the State
• Cultural connection to the State
• Establishment in the State.

Applications are assessed under section 16(1)(a) and 16(1)(b) of the Irish Nationality and Citizenship Act 1956 (as amended) on a points basis. Points are awarded for satisfying certain scoring criteria related to the above categories. Applicants will need to achieve a score of at 50% or more in two or more of the above categories in order to qualify.

Notably, 60 points are awarded where the applicant has family members (as defined in section 15C the Act) who are, or were at their time of death, Irish citizens ordinarily resident in Ireland. Please refer to Table 1 in the guidelines for the full indicative scoring criteria.

While this assessment will be used to support officers of the Minister in assessing applications under section 16(1)(a) and 16(1)(b) of the Act, there may be other relevant factors not listed here that may be taken into account depending on the circumstances of an individual’s case. The Minister may exercise their absolute discretion in all cases and decisions will be made on a case-by-case basis.

It should be noted that this is entirely at the Minister’s discretion, and satisfying these guidelines does not guarantee the granting of a certificate of naturalisation. For more information, the new guidelines can be found at https://www.irishimmigration.ie/wp-content/uploads/2025/04/Irish-Association-wording-31032005.pdf.

RECENT HIGH COURT JUDGMENT UPHOLDS REFUSAL OF APPLICATION FOR NATURALISATION BY IRISH ASSOCIATIONS

The High Court has recently delivered a judgement in DD v the Minister for Justice [2025] IEHC 67 upholding the refusal of a decision to refuse an application for naturalisation.  

The case concerned an application for naturalisation made pursuant to Section 16 of the Irish Nationality and Citizenship Act 1956.

Section 15(1) of the 1956 Act provides for criteria to be met to be eligible for naturalisation as an Irish citizen.

Section 16 of the 1956 Act provides that the Minister may, in his absolute discretion, grant an application for naturalisation in certain circumstances, despite the Applicant not strictly meeting any or all of the criteria set out in Section 15.

Section 16(1)(a) of the Act states that an application may be approved where the applicant is of Irish descent or Irish associations.

Section 16(2) of the Act states that a person is of Irish associations in the following cases:

  • he or she is related by blood, affinity or adoption to, or is the civil partner of, a person who is an Irish citizen or entitled to be an Irish citizen, or
  • he or she was related by blood, affinity or adoption to, or was the civil partner of, a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.”

However, the fact that the Act provides for the use of discretion should not be taken that it is policy to do so on the sole basis of Irish descent or Irish associations. It is entirely at the Minister’s discretion and this discretion is used very rarely and only under exceptional circumstances.

This case involved a national of Brazil who first came to Ireland in 2006. She resided in Ireland from 2006 as the dependent of her father who held a work permit in Ireland. Her father naturalised as an Irish citizen in 2012. The applicant’s uncles, aunt and two cousins were also all Irish citizens who resided in Ireland.

The applicant lived in Ireland continuously for 6 years. She then returned to Brazil in 2012 after completing her Leaving Certificate.

The applicant lived in Brazil from 2012 onwards and visited Ireland for a short period in 2017.

She entered Ireland again in October 2018 on a visitor permission and then made an application for an extension of her visitor permission in January of 2019. This was refused and she was asked to make arrangements to leave Ireland on or before the expiration of her visitor permission.

On 24th January 2019, the applicant made an application for naturalisation. This application was made on the basis that she did not meet the ‘reckonable residence’ requirements to have a year’s continuous residence in Ireland immediately prior to applying, with an additional four years of residence in the previous eight years. She therefore made the application under Section 16 of the Act, as a person of Irish associations, for the Minister to grant the application notwithstanding that she did not meet the ‘reckonable residence’ requirements.

The applicant then became pregnant and decided to return to Brazil before receiving a decision on her application. Her solicitors notified the Minister of her intention to return to Brazil and she was then issued with a proposal to deport her. She then returned voluntarily to Brazil in August of 2019.

By letter dated 15th March 2023, the application for naturalisation was refused. The decision letter stated that the application was refused due to a “lack of exceptional and compelling reasons for the applicant not being able to meet the residency condition.” Therefore, the Minister was “not persuaded to grant waiver of this condition under Section 16.”

The decision letter stated that it was accepted that the applicant had strong Irish associations, however this is not sufficient in and of itself to guarantee a waiver of the conditions for naturalisation.

The Applicant challenged this decision by way of Judicial Review proceedings in the High Court.

Mr Justice Heslin held that the Minister has an absolute discretion to grant naturalisation. As Section 16 of the Act refers specifically to the conditions of naturalisation laid out in Section 15 of the Act, Heslin J held that it was not unlawful for the Minister to consider which of the conditions for naturalisation were not complied with, and the reasons why.

It was also noted that the applicant could have applied for naturalisation as a minor once her father had naturalised and had not done so, and that no explanation was provided as to why she did not apply at that time.

Mr Justice Heslin noted that the Act provides that as a matter of policy, a section 16 applicant must have an exceptional and compelling case for a favourable decision. Mr Justice Heslin found that the applicant was asking the Minister to make an exception to grant naturalisation even though she did not meet the conditions set out in Section 15 of the Act regarding residency, and it was therefore rational for the Minister to expect exceptional reasons to be given for why these conditions were not satisfied.

As no exceptional reasons were provided, he held that it was rational that the application was refused. The applicant’s challenge was therefore dismissed.

The full judgement can be found here.

If you or a family member have any queries regarding Citizenship, please do not hesitate to contact us.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

CURRENT EXPERIENCES OF THE IMMIGRATION SERVICE DELIVERY PORTALS

In 2023, the Minister opened the Immigration Service Delivery (ISD) Forms Portal. This portal provides applicants with an opportunity to submit a number of immigration applications to the Minister. This includes an application for renewal of immigration registration, an application for naturalisation for adults and minors and other specific immigration applications including de facto partner applications and applications for extension of student permissions.

In October 2024, the Minister also launched a separate portal, “The Digital Contact Centre”. It appears that the purpose of this portal is for persons to communicate with the Minister in respect of their applications, immigration concerns. However, a number of specific immigration applications are also submitted via this portal, including an application for first time registration and also applications as the parent or spouse of an Irish citizen.

The modernisation of ISD is to be warmly welcomed.

Any progress that can make the immigration system more accessible and easier to navigate for applicants is to be commended and supported.

Applicants are facing a number of issues with these portals as they currently operate.

One of the main issues with the ISD forms portal that are clients are informing us of and we are experiencing ourselves is as follows:

Once an application is submitted via the ISD forms portal, it can no longer be accessed or updated. It is possible to log in and see the data entered, however it is not possible to have sight of the documents uploaded or to amend the application in any way.

When the application is being assessed, the ISD may write to an applicant and ask for further information and documents. If this occurs, the portal application is “re-opened” and access is given to upload the further documents and or information. In many cases this system works smoothly and the documents are uploaded and submitted. However, in many cases , this creates a concerning issue with the application.

If a person needs more time to submit the required documents, perhaps documents need to be requested from other state departments and so on, there is no facility to request an extension of time.

In our experience the portal request closes after a set period of time (sometimes unknown to the applicant) , with no further notice and it is no longer possible to update the application and provide the documents requested.

Very recently, the ISD have stopped operating the email address for the Citizenship unit, which has been the main channel of communication between ISD and applicants  for many years.

Applicants therefore would have no option but to send a letter by post to citizenship or to instruct a solicitor to assist them with the predicament they find themselves in.

Our office has experienced difficulties with submitting further documents, vital to a citizenship application or indeed specifically requested, via post. We have received many responses from ISD  with a direction that documents can only be submitted via the portal- This is not workable if the portal in question has not been reopened .

The move to a portal system is a big change for all parties in this process- applicants, solicitors and the  ISD.

It should be recognised that this is changing and evolving time and applicants should be assisted and facilitated in navigating this new system and there should be a recognition by ISD that this system is in its infancy.

Applicants should not be put at risk that their application might be refused, rejected or deemed ineligible when they have made best efforts to submit a comprehensive application and have tried their upmost to comply with requests via the new portal system.

No applicant should be put at risk of a rejection in these circumstances.

We also look forward to the creation of a third party portal so that solicitors have  a real way to act for their clients on their immigration  applications and are not relying on interim solutions to use portals that have be established for use by individual applicants and not solicitors.

Berkeley Solicitors through our involvement with the Irish Immigration Lawyers Association, have brought our concerns regarding the issues we are encountering with the portal to the attention of the Department and are engaging with the Department towards seeking to improve the system

TEMPORARY PROTECTION IS BEING EXTENDED TO MARCH 2026 FOR UKRAINIAN REFUGEES

On the 25th June 2024, the European Council has decided to extend temporary protection for nearly four million Ukrainians until 4th March 2026.

Temporary protection is an EU emergency tool that is utilized in certain conditions that create many refugees. This protection was adopted in 2001 after the large-scale displacement from the armed conflict in the Western Balkans. It was finally used for the first time in response to Russia’s invasion of Ukraine.

Temporary protection can be described as a safe place of refuge for large groups of people who have been forced out of their homes and are needing immediate assistance within the EU. This system is set in placed to take away the pressure on national asylum systems by not needing applications to be processed individually. Individuals who are apart of temporary protection are guaranteed the same rights across the EU such as residence, access to the labor market and housing, medical assistance, social welfare assistance, and access to education for children. It is important to note that the level of assistance can vary from one member state to another.

Next steps are determined by the member states as they may have adopted additional implementation acts to validate the prolongation.

For more information, please visit Ukrainian refugees: Council extends temporary protection until March 2026 – Consilium

TRANSFER OF RESPONSIBILITY FOR FIRST TIME IMMIGRATION REGISTRATION

On 9th January 2025, the Department of Justice announced that the final remaining responsibility for first-time registration of Irish immigration residence permissions will transfer from the Garda National Immigration Bureau (GNIB) to the Immigration Service Delivery (ISD) of the Department of Justice.

This means that from 13th January 2025, there will no longer be any first-time registration appointments at a Garda registration office for people residing outside of Dublin. All first-time appointments, for applicants residing in all counties, will be now done at the Registration Office, 13-14 Burgh Quay, Dublin 2.

The notice confirms that individuals who have a confirmed appointment up to 31st January 2025, should attend the relevant Garda registration office as scheduled.

To book a registration appointment, applicants can log in or create an account on the Digital Contact Centre: https://portal.irishimmigration.ie/en/

All nationwide online renewals of permissions are processed using the ISD Online Portal.

The full notice is available here.

DEFERRAL OF INCREASES TO MINIMUM SALARY THRESHOLDS

The Employment Permit Section has confirmed that there will be no increases in the Minimum Annual Remuneration (MAR) for employment permits in January 2025.

The MAR is the lowest annual salary for which an employment permit can issue. This was increased in January 2024 in conjunction with a roadmap that outlined further increases up to 2026. Further details on this can be found in the Outcome of the Review of the Employment Permits Occupations Lists: https://enterprise.gov.ie/en/publications/outcome-of-review-of-employment-permits-occupations-lists-december-2023.html.

An increase in January 2025 was proposed in the December 2023 Review. However, due to concerns raised by stakeholders regarding the increased costs of doing business, the Department of Enterprise, Trade and Employment have commenced a fresh review of proposed increases for the coming year and are currently accepting submissions until 10 January 2025.

The exception to this deferral is the scheduled increase to €30,000 for the minimum salary threshold of health care assistants, home carers and care workers. Regulations to increase the minimum remuneration for these positions from €27,000 to €30,000 have now been prepared to take effect from 17 January 2025. All employment permit applications received prior to 17 January will be processed under the current remuneration thresholds. Previously issued valid employment permits will not be impacted.

For more information on the above please see the following:

https://enterprise.gov.ie/en/publications/deferral-of-increases-to-mar.html#:~:text=Deferral%20of%20increases%20to%20Minimum%20Annual%20Remuneration%20for%20employment%20permits,-9th%20December%202024&text=Proposed%20increases%20to%20Minimum%20Annual,an%20employment%20permit%20can%20issue.