Flanagan vows action on citizenship ruling

Law puts ‘illogical burden’ on applicants, critics say

JUSTICE Minister Charlie Flanagan has said that his officials are ‘carefully studying’ a High Court ruling that has cast doubt over thousands of applications by people seeking Irish citizenship.

Rules state that people applying for citizenship 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’ 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 a judgment delivered on July 11, High Court judge Max Barrett said the legislation allowed for no leeway Concern: Charlie Flanagan and that if an applicant left the jurisdiction for one day, their application would be invalid.

Speaking from Helsinki yesterday, where he is attending a meeting of EU Home Affairs Ministers, Mr Flanagan said: ‘The ruling has caused concern and may have been unsettling for people in the process.

‘My officials are carefully studying the ruling in consultation with the Attorney General’s Office. This issue is being dealt with as an urgent priority and I will take any necessary action to resolve it.’

The Immigrant Council of Ireland described the judge’s interpretation of the Irish Naturalisation and Citizenship Act 1956 as ‘very strict’ and is seeking a change to the legislation.

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.’

The High Court judgment came following the case of 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.

Judge Barrett upheld the minister’s decision, but also held that the legislation did not allow any period of leeway.

Sinn Féin Justice spokesperson Martin Kenny TD has urged Mr Flanagan to appeal the ruling.

‘The requirement to be “continuously resident” in Ireland the year before applying for citizenship literally means that an applicant can never leave the State, not even for one day, not even to go up North, which is an impossibility for those living near the border,’ he said.

‘The ruling is a strict interpretation of the law, but it is absurd in a globalised world.’

More than 10,000 people gained Irish citizenship last year, with ceremonies taking place in cities around the country presided over by Government ministers.

More than 120,000 people have been granted full Irish citizenship since the ceremonies started in 2011.

‘Push and pull of people’s lives’