Tag Archive for: DEPARTMENT OF JUSTICE AND EQUALITY

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.

New guidelines for naturalisation through Irish associations

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 UPDATES

CITIZENSHIP CEREMONIES DECEMBER 2024

 

More than 6,000 people were granted Irish citizenship in Killarney, Co. Kerry on the 2nd and 3rd of December this year. Seven citizenship ceremonies were held at the INEC in Killarney over the two days, with applicants from over 140 different countries living across Ireland.

In 2024, over 30,000 people received decisions on naturalisation applications. This is the highest number reached in a single year since records began. Ceremonies to mark the occasion of citizenship being granted first began in 2011. In the 13 years since, 197 ceremonies have been held to celebrate the granting of citizenship to people from 180 different countries.

We would like to extend our congratulations to the new Irish citizens, particularly those who are clients of Berkeley Solicitors.

TRAVEL CONFIRMATION NOTICE

Due to backlogs in processing registrations, the ISD has confirmed that Non EEA Nationals in the State who plan to travel abroad over the Christmas period will be permitted to travel on recently expired IRP cards. To avail of this extension, the person must have applied to renew their permission in advance of the expiry date of their IRP card.

Travelling applicants should print this notice and carry it with them, along with their recently expired IRP card, and the email confirming that they have applied to renew their permission. These documents must be presented if requested by airlines and immigration authorities. Please note that this extension is valid from the 2nd of December 2024 to the 31st of January 2025 only.

Further details on this Travel Confirmation Notice can be found here.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

NOTICE ON NON-EEA NATIONALS AWAITING AN EU NATIONAL PASSPORT

The Immigration Service Delivery have published a notice in response queries of Non-EEA nationals who await the issuance of an EU Passport, of their status and obligations in the State.

The notice has clarified that Non-EEA nationals, who are in receipt of court documents stating that they are citizens of an EU country, must hold a valid immigration permission to remain legally resident in the State.

Individuals in this position therefore must ensure to contact their national embassy to keep their Irish immigration permissions up to date while they await their EU passport. Court documents stating that they are citizens of an EU country will not suffice in proving their legal residency in the interim.

Individuals must also ensure to comply with the obligations of their immigration permissions whilst they await the issuance of their EU passport.

Please see the below link for further details:

 

https://www.irishimmigration.ie/non-eea-national-awaiting-an-eu-national-passport/

 

Berkeley Solicitors are available to provide support and assistance to any residence applicants.

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.

REFUSAL OF NATURALISATION APPLICATION ON GOOD CHARACTER GROUNDS OVERTURNED BY HIGH COURT

REFUSAL OF NATURALISATION APPLICATION ON GOOD CHARACTER GROUNDS OVERTURNED BY HIGH COURT

Mr Justice Garrett Simons of the High Court has recently delivered a judgement in the case of A.J.A v Minister for Justice [2022] IEHC 162 JR.

The case concerned a refusal of an application for naturalisation.

The application was refused on the grounds that the Applicant did not meet the good character criterion under Section 15(1)(b) of the Irish Nationality and Citizenship Act, 1956. The Applicant was found to have submitted a potentially false Somali passport with her application.

The Applicant subsequently issued judicial review proceedings in the High Court to challenge the decision to refuse her application for a certificate of naturalisation. This was the second set of judicial review proceedings issued by the Applicant in respect of her application for naturalisation. The Applicant had issued judicial review proceedings in 2021 challenging the delay in processing her application. These proceedings were struck out of the High Court in January 2022, following the issuance of a decision on the Applicant’s application in December 2021.

The primary issue that was considered in the second set of judicial review proceedings was whether fair procedures had been observed in the Minister’s decision-making process.

The Applicant submitted her application for naturalisation on the 29th May 2017. On the 6th November 2017, the Applicant’s solicitors submitted a letter to the Minister that highlighted the Applicant’s concern as to the genuineness of the passport that she had submitted with her application. On the 10th May 2018, the Applicant’s solicitors sent a further letter to outline attempts made by the Applicant to have a new Somali passport issued. The Respondent then sent a letter in response, confirming that a thorough investigation was required as to the genuineness of the Applicant’s passport.  It was the Applicant herself who proactively contacted the Minister in relation to this issue and confirmed that she had always acted in good faith in respect of her application for a passport and in respect of her application for naturalisation.

The Applicant was ultimately successful in the High Court on the grounds that the Minister’s decision did not consider the Applicant’s explanation nor the exculpatory factors at issue.

Mr Justice Garrett Simons found that submission of the Minister did not meet the prescribed standard of fair procedures as it failed to acknowledge the explanations offered by the Applicant in respect of her passport. Ms Justice Garrett Simons found that, “The omission from the submission/recommendation of an accurate record of the explanation and exculpatory factors is fatal to the validity of the decision made.” The Court further found that the Minister’s decision did not meet the legal test for the adequacy of reasons.

The Court acknowledged that the submission of a false passport is an extremely serious issue and could of course legitimately give rise to a decision to refuse an application for Irish citizenship by way of naturalisation. The Court found that it was the manner in which the decision was made that was problematic, it was not clear whether the Applicant’s explanation that due to the circumstances in Somalia and the lack of Government, she could not confirm if her passport was valid or not,  had been provided to the Minister when the decision to refuse was made. The Court held that “The failure of the respondent in the present case to take the basic step of identifying the precise documents which had been submitted to the ultimate decision-maker is regrettable”.

The Minister of Justice’s decision to refuse the Applicant’s naturalisation application was quashed. The Court held:

 

  1. The submission/recommendation in the present case failed to meet the prescribed standard of fair procedures. The principal deficiency is that the submission/recommendation fails to record, even in the most cursory form, the explanations offered by the Applicant, through her solicitors, for the submission of the false passport. There is no reference to the practical difficulties asserted by the Applicant in obtaining a passport from Somalia given what is said to be the absence of a functioning central government there. Nor is there any reference to the efforts made by the Applicant to travel to the Somali Embassy in Belgium for the purpose of obtaining a passport. Although these events occurred after the submission of the false passport, they are, 13 arguably, indicative of the practical difficulties which a Somalia national, who has been long-term resident in the Irish State, faces in obtaining a passport from that country

The full judgement can be found here.

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.

VISA REQUIREMENTS BETWEEN UKRAINE AND IRELAND LIFTED WITH IMMEDIATE EFFECT

Up until today, nationals of Ukraine required entry visas to travel to and enter Ireland.

This involves submitting a detailed visa application to the Irish Embassy prior to travel. This process can often incur long delays and requires a huge array of original documentation.

On the 25th February 2022, Minister for Justice, Helen McEntee has announced that nationals of Ukraine are now non-visa required persons in the Irish immigration context and that this emergency measure will be implemented with immediate effect.

This means that nationals of Ukraine no longer require an entry visa in advance of travel to the State and can travel to the State and request entry at the border as a non-visa required national.

In the Minister’s press release it is stated that those who travel to Ireland from Ukraine without a visa during this time will be given 90 days to regularise their immigration permission in the State.

The appropriate immigration application to make upon arrival in Ireland will differ depending on the particular circumstances of the person arriving.

In a statement, Minister McEntee stated that she is “appalled by the Russian invasion of Ukraine, and the unjustified and unprovoked attack against a democratic sovereign state in Europe.” Minister McEntee confirmed that Ireland stands in solidarity with the Ukrainian people.

The full announcement can be read here.

We welcome the Minister’s action which may assist citizens of Ukraine to flee to safety and assist families in Ireland to be reunited with their Ukrainian family members on an urgent basis and avoid a delayed visa processing system.

Berkeley Solicitors wishes to express our deepest concerns for the people of Ukraine and if you or your family require legal advice in respect of the matters raised in this blog please do not hesitate to get in touch.

NEW ENTRY AND TRANSIT VISA REQUIREMENTS FOR CERTAIN AFRICAN COUNTRIES AMENDED

We refer to our previous blog on 30th November 2021:

https://berkeleysolicitors.ie/new-entry-and-transit-visa-requirements-for-certain-african-countries-announced/

The Minister for Justice has amended the  entry visa and transit visa requirements for nationals of South Africa, Botswana, Eswatini, Lesotho  and Namibia.

The priority categories for which visa applications will be accepted and processed  has been amended and severely reduced to the following:

  • has obtained or is entitled to apply for a right of residence under EU Free Movement;
  • has a valid Residence Permission in the State under the immigration Acts (including persons covered by the interim arrangements that apply from 15 November 2021 to 15 January 2021
  • is a family member of an Irish citizen
  • has not been in one of the following countries (South Africa, Namibia, Botswana, Lesotho, Eswatini, Mozambique, and Zimbabwe) in the previous 14 days prior to the date of travel to the State;
  • is a diplomat and to whom the privileges and immunities conferred by an international agreement or arrangement or customary international law apply in the State, pursuant to the Diplomatic Relations and Immunities Acts 1967 to 2006 or any other enactment or the Constitution.

This is severely reduced from the previous notice, which included employment permit holders and all join family visa applications.

Affected persons  should also take note of the Minister’s note of caution that further changes may take place at short notice.

If this affects you or your family, please get in contact with Berkeley Solicitors to discuss your case.

 

MINISTER FOR JUSTICE ANNOUNCES NEW REGULARISATION SCHEME FOR LONG-TERM UNDOCUMENTED MIGRANTS

On 3rd December 2021, the Minister for Justice announced a new scheme which will enable many undocumented migrants to apply to regularise their residency status.

The scheme will open for online applications in January 2022 and applications will be accepted for six months.

The scheme will include those who do not have a current permission to reside in Ireland, whether they arrived illegally or whether their permission expired or was withdrawn years ago.

In order to be eligible, applicants must have been undocumented for a period of four years, or three years in the case of those with dependent children.

According to a briefing session with Department of Justice officials held on 2nd December  2021, a short period of absence from the State in the undocumented period for those who would otherwise qualify will be disregarded. This will be limited to a max of 60 days absence from the State and the documented period arising from the short-term tourist permission (up to 90 days).

Applicants must meet standards regarding good character, though having convictions for minor offences will not, of itself, result in disqualification.

There will be no requirement for applicants to demonstrate that they would not be a financial burden on the State, as the scheme is aimed at those who may be economically and socially marginalised as a result of their undocumented status.

The scheme will also be open to individuals with expired student permission, those who have been issued with a section 3 notice under the Immigration Act 1999, and those who have received deportation orders.

The scheme is also expected to include international protection applicants who have been in the asylum process for a minimum of 2 years, though full details on this are yet to be announced.

There will be an application fee of €700 for family unit applications, while a fee of €550 will apply to individuals’ applications. Children up to 23 years, living with their parent(s), can be included in a family unit application.

Successful applicants will be granted residence permission which will allow access to the labour market and will provide a pathway to Irish citizenship.

Announcing the scheme, the Minister for Justice Helen McEntee stated:

“I’m delighted that the Government has approved my proposal for this momentous, once-in-a-generation scheme.

Given that those who will benefit from this scheme currently live in the shadows, it is difficult to say how many will be eligible, but we are opening this scheme for six months from January to allow people come forward and regularise their status.

It will bring some much-needed certainty and peace of mind to thousands of people who are already living here and making a valuable contribution to our society and the economy, many of whom may be very vulnerable due to their current immigration circumstances.”

As a result, they may be reluctant to seek medical assistance when ill, assistance from An Garda Síochána when they are the victim of a crime, or a range of other supports designed to assist vulnerable people in their times of need.”

I believe that in opening this scheme, we are demonstrating the same goodwill and generosity of spirit that we ask is shown to the countless Irish people who left this island to build their lives elsewhere.”

The full announcement can be read here.

Studies suggest that there are 17,000 undocumented persons in the State, including up to 3,000 children.

Berkeley Solicitors welcomes the announcement of this scheme, which will allow many undocumented migrants to come forward and apply to regularise their status.

IMMIGRATION IN IRELAND STATISTICS MID-TERM REVIEW

MINISTER FOR JUSTICE ANNOUNCES CHANGES TO NATURALISATION APPLICATIONS AND IMMIGRATION REQUIREMENTS OVER THE CHRISTMAS PERIOD

In notices dated the 15th and 16th November 2021, the Minister for Justice has announced a number of immigration changes to the processing of naturalisation applications and immigration requirements over the Christmas period.

With regards to the processing of naturalisation applications, the Minister has announced that that from the 1st January 2022, new applicants for naturalisation will not be required to submit their original passports with the initial application.

Applicants will instead be required to submit a full colour copy of their entire passport, including the front and back covers. The colour copy must be witnessed by a solicitor and submitted with the application form and supporting documents.

In addition, the Minister announced that significant changes are being introduced regarding the number of proofs required to establish identity and residency as part of the application process. More details will be announced on the Department’s website in the coming weeks.

With regards to immigration requirements over the Christmas period, the Minister announced that anyone holding an Irish Residence Permit card that was in-date at the beginning of the pandemic in March 2020 can use their current expired card to depart from and return to Ireland in confidence over Christmas and until 15 January 2022.

It was also announced that re-entry visa requirements for children under the age of 16 have also been suspended until 15th January 2022.

The notice states that holders of expired IRP cards wishing to travel over the Christmas period must be able to show a copy of the travel confirmation notice, available here, and their original expired IRP when travelling.

This is a temporary measure and travellers with expired cards will need to return to Ireland before the 15th January 2022. This measure is not available to persons who do not have a physical IRP card in their possession.

We welcome these changes which will simplify the naturalisation application process and will allow individuals with expired IRP cards to travel and visit family over Christmas.

The full notices can be read here and here.

Further updates will be posted on our blog.

If you or a family member have queries about your immigration status, please do not hesitate to contact our office.