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Revocation of citizenship due to overseas residence

  • 01-11-2019 7:54pm
    #1
    martin18
    Registered Users, Registered Users 2 Posts: 45 ✭


    Wondering if anyone has ever heard of a case of revocation of Irish citizenship under this section of the Nationality and Citizenship Act?:

    19.—(1) The Minister may revoke a certificate of naturalisation if he is satisfied—

    (c) that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister.

    I can imagine that while the proviso exists, the Minister isn't bothering to use it. But equally, wondering if someone reported such a case, would the Minister be likely to act on it?

    Thanks!


Comments

  • #2
    dennyk
    Registered Users, Registered Users 2 Posts: 1,783 ✭✭✭dennyk


    Apparently as of this past January there had only been five people stripped of their Irish citizenship, all under Section 19(1)(a), "...that the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances...". Seems that new committee is currently looking into another 40 or so cases under the same subsection (fraud or misrepresentation in applications).

    The Justice Minister is also attempting to revoke jihadist Ali Charaf Damache's citizenship under Section 19(1)(b), "that the person to whom it was granted has, by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State", on account of his being convicted of terrorism-related crimes, but I believe that's still going through the courts after Damache's appeal. I believe he'd be the first to have their citizenship stripped under that subsection if it happens, though I think the committee is also considering a few other similar cases currently.

    I seriously doubt that subsection (c) would ever be used under ordinary circumstances; I can't see where the Department of Justice would have any practical interest in stripping citizenship from a naturalised citizen just because they were living outside the state, and it would no doubt be a very tough battle for the Department to win in court (both here and possibly in the ECJ, if it went that far), as simply living abroad and failing to register annually are a rather weak justification for revocation of citizenship.


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