Court ruling causes chaos for citizenship applicants
Just one day out of country will disqualify you from naturalisation
THOUSANDS of people applying for Irish citizenship have had their applications thrown into chaos after a High Court judge ruled they could not leave the country for even one day in the year leading up to their application.
People applying to be a citizen of Ireland through naturalisation must have been resident in the country for at least five years leading up to their application, and must have been ‘continuously resident’ here for the final year of that period.
Until now, the Justice Minister has allowed applicants leeway of six weeks out of the country to account for events such as holidays, business trips and family emergencies.
However, in his judgment delivered on July 11, Judge Max Barrett said the legislation allowed for no such leeway and that even if an applicant left the jurisdiction for one day, their application would be invalid.
More than 10,000 people gained Irish citizenship last year, with high-profile ceremonies taking place in cities around the country presided over by Government ministers to welcome the new citizens. More than 120,000 people have been granted full Irish citizenship since the ceremonies started in 2011. The Immigrant Council of Ireland said the ruling had thrown the citizenship system into chaos and that already it was getting queries from worried clients.
‘This is already affecting the advice we are giving to clients,’ said communications manager Pippa Woolnough.
‘We had a couple in with us today already worried about this.’
Ms Woolnough said that as applicants were not from Ireland, by necessity they had family and other commitments outside the country and the six-week period allowed until now was important for them to carry on their lives.
The judge’s interpretation of the Irish Naturalisation and Citizenship Act 1956 is ‘very strict’, and the Immigrant Council is seeking an urgent change to the legislation.
‘If you have a sick parent or family member abroad, in a lot of cases you might need to be out of the country for longer than six weeks,’ Ms Woolnough said. ‘Your mother might be getting chemo or somebody may have died and you will need time to tidy up family affairs.’ The ruling could also affect thousands who have already become naturalised under the 1956 Act, Ms Woolnough said.
She became an Irish citizen last year, having lived here for 20 years, but spent time both visiting family in the UK and on holiday elsewhere during the last year before her application. ‘We’re calling for an urgent amendment because the number affected and number in limbo needs urgent attention.
‘It can’t wait until the Dáil is back in September, because the judgment is quite unequivocal.’
The council’s managing solicitor, Catherine Cosgrave, said: ‘The judgment indicates the continuous residence requirement puts an illogical burden on applicants, recognising the ordinary push and pull of people’s lives. Therefore an urgent statutory amendment should be introduced.’
The judgment at the centre of the storm involved an Australian man who was appealing the Justice Minister’s decision not to grant his citizenship on the basis that the man had spent 100 days out of the country in the last year – well over the six weeks allowed. Until now more time is allowed in exceptional circumstances.
Judge Barrett upheld the minister’s decision, but also held that the legislation did not allow the minister to set down any period of leeway. He wrote: ‘An applicant either “has had a period of one year’s continuous residence” or he has not; there is no basis in the just-quoted wording for introducing a “discretionary absence period of six weeks and possibly more in exceptional or unavoidable circumstances”.’
Labour Party justice spokesman Seán Sherlock last night called on Justice Minister Charlie Flanagan to urgently appeal the ruling. ‘I would call on the minister to ensure an appeal to the judgment is immediately fast-tracked.’
The Department of Justice said last night that it was ‘studying the decision carefully’.
Studying the decision carefully