Section 28 of the Irish Nationality and Citizenship Act 1956 (as amended) provides that any person who claims to be an Irish citizen, other than a naturalised citizen, may apply for a certificate of nationality stating that the applicant is an Irish citizen.
Pursuant to this, we have recently dealt with an application regarding two minors claiming Irish citizenship under Article 6 A of the 1956 Act which provides that “A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of four years immediately preceding the person’s birth, been resident in the island of Ireland for a period of not less than three years or periods the aggregate of which is not less than three years”.
The father of the applicants entered the state in 2005 following his refugee father’s successful application for family reunification under Section 18 of the Refugee Act. The children in question were subsequently born in 2009 and 2011, their father therefore having in excess of the three year reckonable residence necessary for his children to be deemed Irish citizens. However, the applicants’ initial application for Irish passports was refused on the grounds that there were gaps in the father’s registration in the Register of Non-nationals.
Applying the judgement of Mr Justice Ryan in Sulaimon V Minister for Justice Equality and Law Reform it was successfully argued that the gaps in the register were through no fault of the applicant’s father, whose lawful residence had been acknowledged on several occasions by the Minister through the granting of family reunification under section 18 of the Refugee Act and through the granting of visas permitting travel to the state.
Following a lengthy decision period by the department, we are pleased that certificates of nationality have been granted to the applicants in question. Brophy Solicitors wish to congratulate the applicants on their success and wish them well in the future.
Caroline Grogana
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