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Fine precludes naturalisation?

  • 24-06-2011 3:55pm
    #1
    Registered Users, Registered Users 2 Posts: 4,276 ✭✭✭


    I was talking to a taxi driver the other day and he said that a Ukranian friend of his applied for Irish Citizenship and was rejected on the basis that he had been fined for not wearing his seat belt. This seems to be a very strict interpretation of the 'of good character rule.'

    I'm now wondering if this could cause trouble for me as I'm about to apply for my own naturalisation. I was fined for not having a train ticket. It was stupid, I had absent mindedly thrown my ticket in the trash upstairs at a station before going down and ended up having to pay the fine. Should I be looking to engage a solicitor before I make my application in case this becomes an issue?


Comments

  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I doubt that was the only reason he was rejected. It may only have been the reason given.


  • Registered Users, Registered Users 2 Posts: 4,276 ✭✭✭Memnoch


    Surely they should supply you with the actual reasons for rejection rather than something so superficial?

    I suppose I'll just have to try and see what happens.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Memnoch wrote: »
    Surely they should supply you with the actual reasons for rejection rather than something so superficial?

    I suppose I'll just have to try and see what happens.

    They probably did tell him. Maybe he told some lies which they found out about. They only need to put one reason though.


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    If a minor offence was not disclosed on the form, it could be additional grounds to question a person's character.


  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Memnoch wrote: »
    I was talking to a taxi driver the other day and he said that a Ukranian friend of his applied for Irish Citizenship and was rejected on the basis that he had been fined for not wearing his seat belt. This seems to be a very strict interpretation of the 'of good character rule.'

    I'm now wondering if this could cause trouble for me as I'm about to apply for my own naturalisation. I was fined for not having a train ticket. It was stupid, I had absent mindedly thrown my ticket in the trash upstairs at a station before going down and ended up having to pay the fine. Should I be looking to engage a solicitor before I make my application in case this becomes an issue?

    The Naturalisation and Citizenship Acts give the Minister for Justice a very large discretion in relation to whether to grant the application. It's very feasible that the Ukrainian national was refused on the basis of a single Road Traffic Incident. There was a relatively famous case whereby an African guy was refused citizenship on the basis of being fined for breaking a red light on a pushbike! The subsequent judicial review case was struck out I believe.

    You would probably be ok if it was the case that you incurred a fine for a train ticket and only had to pay a fine directly to Iarnrod Eireann. In that case, the Gardaí wouldn't have any record of it and it's Garda records that are checked with in Citizenship applications.

    In addition, Alan Shatter is now the Minister for Jusitice and he seems to be introducing positive changes within the Department (including vastly shrtening the timeframe for a decision in citizenship applications). I'd be of the view that spurious reasons for refusals of citizenship applications would be less likely on his watch so you should go ahead and make the application.


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  • Registered Users, Registered Users 2 Posts: 4,276 ✭✭✭Memnoch


    Thanks for all the replies. Will just have to have a go I suppose.

    To imagine that my decision to not go back upstairs and root through the garbage for my ticket could have such a huge impact on the rest of my life.


  • Registered Users, Registered Users 2 Posts: 1,405 ✭✭✭Dandelion6


    I had a £50 fine for putting out my rubbish on the wrong day and when my naturalisation application was delayed forever I was completely paranoid that was why... but I had my councillor ask DCC and they said they would never report something like that to the guards/Minister as long as it was paid on time. Naturalisation came through eventually.

    There are some ridiculous cases though.


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