Naturalisation Judicial Review

[tommacg]

Hi all,

I was born in the UK (to British parents) but grew up in Ireland from when I was a baby. I did all my schooling and university there, my sisters were born in Ireland 20 years ago etc. I speak Irish etc. However, when I turned 18 I couldn't afford the fee for naturalisation. I moved abroad for study/work (I'm an early-career academic, which generally involves moving jobs/countries) and, when I could finally afford the naturalisation fee, I was rejected.

Link removed to protect your identity.

On the one hand, legally, I totally get it -- I didn't fulfil the one-year requirement prior to submitting the application. However, I had premised the application on 'ministerial discretion' - given the patent absurdity of denying citizenship to someone who never lived anywhere else for the vast majority of their life, and has no memories of living out of the country until the age of 24.

On a moral and emotional level, this feels truly horrendous. Ireland is my only home, but I have no official recognition of that.

Does anyone have any advice? Judicial review seems a long shot -- is it worth it?

[Vorona]

On a moral and emotional level, this feels truly horrendous. Ireland is my only home, but I have no official recognition of that.
Does anyone have any advice? Judicial review seems a long shot -- is it worth it?

Re-post the link without your personal details and application number or type in the text from the letter.

Based on what you're saying, you will likely lose the case if you apply for a judicial review. Current legislation does not provide exemptions from residency requirements for British citizens submitting standard application for naturalisation. It'll be easier for you to send a new application after you meet the residency criteria.

[CR001]

Re-post the link without your personal details and application numbers or type in the text in the rejection.

The link was to a media article about the persons life story and plight. It will not be permitted on the forum.

The user was also previously advised in 2019 about the requirements and risk of refusal.

ireland/naturalisation-conundrum-advice ... l#p1738123

[Vorona]

The link was to a media article about the persons life story and plight. It will not be permitted on the forum.
The user was also previously advised in 2019 about the requirements and risk of refusal.

Oh I see, I though she/he posted a copy of the rejection letter.

[OneWorld2122]

By the law of land, you need to have one year 'continuos residency year prior to submitting the application', if applying by the route of naturalization of residency. Lot of applications gets rejected because of this rule, this rule is black and white. everyone has a story but law is law.

JR will not help. Honestly,may be, it's not something you wanted to hear.

[tommacg]

Ah I'm sorry, I didn't realise about the link. The decision included the details of my case (essentially my two sisters and my life story showing complete connection to Ireland), and then stated:

"Having considered the entirety of the case, including the Irish associations claimed, I do not consider such associations to the State sufficiently strong or the circumstances of the case display exceptional and compelling reasons which would warrant the Minister exercise her absolute discretion under Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, to waive the statutory residency conditions in this case and other conditions under Section 15 of the Act or to grant the request for a certificate of naturalisation."

Then scribbled in pen, possibly by the Minister, is 'Applicant should reapply when he is resident in the state'.

Again, re: Borta, there seems to be a lack of reasoning around Irish associations.

My concern with reapplying is that, after 24 years spent in Ireland, which the state acknowledges, I would have to wait at least 5 more years to have the opportunity to reapply (and maybe another 2 year wait for a decision on top of that). These are crazy timescales, to me, given the circumstances of the case.

[tommacg]

Re-post the link without your personal details and application numbers or type in the text in the rejection.

The link was to a media article about the persons life story and plight. It will not be permitted on the forum.

The user was also previously advised in 2019 about the requirements and risk of refusal.

ireland/naturalisation-conundrum-advice ... l#p1738123

Yes, I sought advice and now am in a completely different situation and seeking further advice. Is there anything wrong with that?

[tommacg]

By the law of land, you need to have one year 'continuos residency year prior to submitting the application', if applying by the route of naturalization of residency. Lot of applications gets rejected because of this rule, this rule is black and white. everyone has a story but law is law.

JR will not help. Honestly,may be, it's not something you wanted to hear.

I don't think 'ministerial discretion' is black and white, nor the wording around Irish associations, as we all know. If anything, this shows gaps in the current law. But there we have it.

[OneWorld2122]

You don't have to wait another 5 years as you already meet the requirements of total days in the country 365*5 + 1( if you were in country for atleast 4 years in last 8-9 years, I believe check exact years on website )

You only have to meet requirements of continuous residency in last year and not to be away for more than 6 week in last year , also minister suggested they are working to reduce application processing time to 6-9 months in coming years.

[Vorona]

I don't think 'ministerial discretion' is black and white, nor the wording around Irish associations, as we all know. If anything, this shows gaps in the current law. But there we have it.

As you can see from the decision, your life circumstances did not convince the Minister to warrant using her discretion on your application. But if you're confident that you have an exceptional case, then seek a review of the decision in court. On this forum you can certainly get an opinion, but not a legal advice. This can be costly and lengthy process.

[tommacg]

You don't have to wait another 5 years as you already meet the requirements of total days in the country 365*5 + 1( if you were in country for atleast 4 years in last 8-9 years, I believe check exact years on website )

You only have to meet requirements of continuous residency in last year and not to be away for more than 6 week in last year , also minister suggested they are working to reduce application processing time to 6-9 months in coming years.

No, unfortunately, due to the length the initial decision took (almost 3 years) and my work situation abroad, I would be back to square one.

[tommacg]

I don't think 'ministerial discretion' is black and white, nor the wording around Irish associations, as we all know. If anything, this shows gaps in the current law. But there we have it.

As you can see from the decision, your life circumstances did not convince the Minister to warrant using her discretion on your application. But if you're confident that you have an exceptional case, then seek a review of the decision in court. On this forum you can certainly get an opinion, but not a legal advice. This can be costly and lengthy process.

OK. Thank you.

[Vorona]

OK. Thank you.

You're welcome, best of luck.

[Wow90]

Ah I'm sorry, I didn't realise about the link. The decision included the details of my case (essentially my two sisters and my life story showing complete connection to Ireland), and then stated:

"Having considered the entirety of the case, including the Irish associations claimed, I do not consider such associations to the State sufficiently strong or the circumstances of the case display exceptional and compelling reasons which would warrant the Minister exercise her absolute discretion under Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, to waive the statutory residency conditions in this case and other conditions under Section 15 of the Act or to grant the request for a certificate of naturalisation."

Then scribbled in pen, possibly by the Minister, is 'Applicant should reapply when he is resident in the state'.

Again, re: Borta, there seems to be a lack of reasoning around Irish associations.

My concern with reapplying is that, after 24 years spent in Ireland, which the state acknowledges, I would have to wait at least 5 more years to have the opportunity to reapply (and maybe another 2 year wait for a decision on top of that). These are crazy timescales, to me, given the circumstances of the case.

You won't have to wait 5 years. But at least one year residency if you would like to get it under associations. I applied under Irish associations and got it but was living in the state for 2.5 years when I did. They didn't approved my application until after 5 years. So for naturalization without any residency unfortunately it will never happen. It says it in the website as well.

Perhaps you could try and see if you qualify to FBR due to grandparents. Sorry about that