DECISION FROM THE HIGH COURT IN RELATION TO DELAYS IN THE PROCESSING OF NATURALISATION APPLICATIONS WHERE BACKGROUND CHECKS ARE OUTSTANDING
The High Court has delivered judgement today titled MJ v The Minister for Justice, AA v The Minister for Justice dated 30th January 2026, which were two test cases heard on the issue of whether the Minister’s delay in determining naturalisation applications, where outstanding external background checks are awaited. Many other applicants for naturalisation whose applications are also experiencing long delays due to background checks have been awaiting this judgement. We wish to confirm that Berkeley Solicitors acted on behalf of one of the Applicants.
In both cases, the applicants had applied for naturalisation in and around May 2022. The Minister had informed the applicants that their applications were straightforward applications and the average processing time for straightforward applications submitted at that time was stated to be approximately 23 months. Despite this, the applicants had been waiting approximately three and a half years for decisions at the time the cases were heard in October 2025.
The Minister had advised the applicants in correspondence that they were being subjected to background checks and that the results of those checks where awaited. They were advised that decisions on their naturalisation applications would issue within 12 weeks of the receipt of those checks.
The Applicants remain in the dark as to why they were subjected to additional background checks, what the checks involve and when they might conclude.
The High Court has held in both cases that the Minister’s delay in these circumstances is not unlawful.
Judge Bradley has held in respect of both Applicants that he cannot find that there has been an actual refusal to make a decision on each of the Applicant’s application for citizenship which amounts to a wrongful refusal or (ii) that the delays in making a decision in each of the cases of Ms. MJ and Mr. AA are “such an egregious and unjustified delay” in dealing with the their applications “so as to be tantamount to a refusal in its effect”:
Judge Bradley has refused to grant an order directing the Minister to make decisions on these naturalisation applications and has refused to give any declaratory relief to the Applicants that would indicate the delay on behalf of the Minister in such instances is unlawful.
The Applicants remain without decisions on their naturalisation applications. It remains unclear when the background checks awaited by the Minister will be concluded.
We understand the full judgement should be available on the Courts website in the near future. https://www2.courts.ie/judgments
Berkeley Solicitors are available to provide advice in respect of all matters relating to the naturalisation 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.
