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.