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CLIENT OF BERKELEY SOLICITORS GRANTED CERTIFICATE OF NATIONALITY FOR THEIR MINOR STATELESS CHILD

We at Berkeley Solicitors are delighted for our clients and their minor child who was granted a certificate of nationality pursuant to Section 28 of the Irish Nationality and Citizenship Act 1956.

This is the second client of our office that has been issued with a certificate of nationality under the 1956 Act.

The applicant was a stateless child born to parents who have no nationality and who are recognised by the relevant foreign government as stateless. Our client was born in Ireland but was not entitled to citizenship by birth pursuant to Section 6A of the 1956 Act, as amended as their parents had not acquired three years reckonable residence prior to their birth.

There is currently no official system for the recognition of statelessness in these circumstances nor is a formal procedure in respect of the acquisition of citizenship pursuant to Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended which states:

“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.”

The granting of this application follows that our client is now recognised as an Irish citizen by birth on the basis that they are not entitled to any other nationality.

This is another significant decision for stateless persons who may have a baby born in Ireland who is not entitled to any citizenship from another country, and it has become clear to us that this it is entirely possible for the Minister to issue certificates of nationality pursuant to Section 6(3) of the 1965 Act where appropriate.

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.

BERKELEY SOLICITORS CALLS ON THE MINISTER TO ADDRESS THE ISSUE OF STATELESS PEOPLE IN IRELAND

It is a matter of great concern to Berkeley Solicitors that Ireland continues to deny stateless persons the right to have their status recognised contrary to the UN Convention for Stateless Persons.

The Immigrant Council of Ireland has stated that:

‘Ireland continues to fail in meeting international standards for providing legal framework to protect stateless people and does not have sufficient safeguards in place to prevent and reduce statelessness from occurring through legal gaps.’

The first applicant in Ireland to obtain a declaration of ‘stateless’ status was in 2014, and a client of Ms Karen Berkeley. A summary of the case can be found at:

https://www.irishtimes.com/news/social-affairs/ireland-gives-legal-status-to-first-stateless-resident-1.1742516

Acting for the client, Ms Berkeley commented that Ireland’s failure to establish an administrative process for stateless residents was a breach of its obligations under the 1954 Convention.

However, following this case no application procedure has yet been created by the Minister for Justice.

It is a very unsatisfactory situation that stateless persons generally have to apply for refugee status and fit their case into the narrow legal definition of a refugee.

Berkeley Solicitors calls on the Minister to establish a legal procedure for stateless persons in the UN Convention for Stateless Persons.

 

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.