Thursday, February 13, 2014

REVOCATION OF IRISH CITIZENSHIP

We have been working on a number of cases involving the proposed revocation of Irish citizenship in the recent months.

As of 2012, the Minister stated that for the period 2002-2012, there had been no cases where a Certificate of Naturalisation was revoked by either he or his predecessors. While no further numbers have since been released, an article published in the Metro Eireann in February of 2013 notes that the Department informed them of an unspecified number of cases being considered under the revocation provisions of the Irish Nationality and Citizenship Act 1956 and that some or all of the cases could result in the revocation of the certificate of Naturalisation in 2013. (http://metroeireann.com/article/citizenship-on-the-line,3541)

Basis for Revocations of Irish Citizenship:

The Irish Nationality and Citizenship Act, 1956, section 19, states the Minister may revoke a certificate of naturalisation if he is satisfied:

a) You obtained it through fraud, misrepresentation or concealment of material facts or circumstances 

b) You have, through an overt act, failed in your duty of fidelity to the nation and loyalty to the State 

c) You were ordinarily resident outside Ireland (other than in public service) for a continuous period of 7 years and, without a reasonable excuse, did not register your name and a declaration of your intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister for Justice and Equality on an annual basis

d) You are also, under the law of a country at war with the State, a citizen of that country 

e) You have, by any other voluntary act other than marriage or registration of civil partnership, acquired citizenship of another country 

This section further states, before revocation of a certificate of naturalisation, the Minister will inform the person in advance of his intention to revoke the certificate, stating the grounds and the right of that person to apply to the Minister for an inquiry as to the reasons for revocation. On application for an inquiry, the Minister will refer the case to a Committee of Inquiry who will report their findings to the Minister. A notice of revocation of one’s certificate of naturalisation will be published in Iris Oifigiuil (Ireland’s official State Gazette).

Form 5-Declaration of Intention to Retain Irish Citizenship by a Naturalised Irish Citizen Residing Outside Ireland

Of particular importance is point c) – i.e for those naturalized persons outside the State, who have failed to register their name and a declaration of their intention to retain Irish citizenship, become liable for revocation after having been ordinarily a resident outside Ireland for a continuous period of 7 years. Thus, in order to retain citizenship under these circumstances, it is essential to complete Form 5, prior to the end of one’s 7 year period. Failure to complete this form could result in revocation of one’s citizenship. **Please note that there is a new version of this form, updated January 2014, available on the INIS website (http://www.inis.gov.ie/en/INIS/Form%205%20%28Ver%205.0%20Jan%202014%29.pdf/Files/Form%205%20%28Ver%205.0%20Jan%202014%29.pdf)

Karen Berkeley 

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