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STATELESS CHILD BORN IN IRELAND GRANTED A CERTIFICATE OF NATIONALITY

We at Berkeley Solicitors would like to extend our warmest congratulations to our client and their minor child who was recently granted a certificate of nationality pursuant to Section 28 of the Irish Nationality and Citizenship Act 1956.

The case involved a minor child whose parents hold “Aliens” passports, and do not have citizenship of any country.

Our client is therefore a stateless minor child who was born in Ireland but was not entitled to Irish citizenship by birth pursuant to Section 6A of the Irish National and Citizenship Act 1956, as amended because neither of their parents has acquired three years reckonable residence prior to the birth of their child.

Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended, which states as follows.

“A person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country.”

In order for our client to have her right to Irish citizenship recognised under this provision, we applied to the Minister for a Certificate of Nationality pursuant to Section 28 of the 1956 Act which states as follows:

“(1) Any person who claims to be an Irish citizen, other than a naturalised Irish citizen, may apply to the Minister or, if resident outside Ireland, to any Irish diplomatic officer or consular officer for a certificate of nationality stating that the applicant is, at the date of the certificate, an Irish citizen; and the Minister or officer, if satisfied that-

(a) the applicant is an Irish citizen, and

(b) the issue of the certificate is necessary in all the circumstances of the case,
may issue a certificate of nationality to him accordingly.”

The granting of this application now means that our client is recognised as an Irish citizen by birth on the basis that she is not entitled to citizenship in any other country. Our clients can now apply for an Irish passport for their minor child, which is a wonderful conclusion to their case.

This is a significant decision for other stateless persons who may have a baby born in Ireland who is not entitled to any citizenship from another country. We at Berkeley Solicitors would be happy to advise any clients in similar situations and would encourage you or any family members in such positions to contact our office.