legal action against DoJ for undue delay in naturalisation..

[ashimashi]

A recent discussion in another thread made me think of the above. How possible it would be to take the case of ultra-long delay for naturalisation applications to court, and force them to make decision earlier? The main problem is that the decision is in absolute discretion of the minister but that doesn't mean it can take an unreasonably long time... would that argument hold in any court? This has been recently done in USA and they successfully forced INS into a settlement - some of those arguments may be borrowed...

http://www.nwirp.org/UDocuments/Announc ... eement.pdf
http://www.aila.org/RecentPosting/Recen ... px?Weeks=4 (look at 13/08/04 posts...)

[zuz]

do you think minister of justice himself is deciding about every case personally? where do you have this info from?
thanks,
zuza

[ashimashi]

do you think minister of justice himself is deciding about every case personally? where do you have this info from?
thanks,
zuza

No of course not, he would have far better things to be doing. His department do it and he only put his signature at the end.

But it's at his ultimate discretion, meaning that if he decided not to grant it to anyone no one can question it.

now, please stay on topic!

[ca.funke]

The main problem is that the decision is in absolute discretion of the minister but that doesn't mean it can take an unreasonably long time

• I guess you will be successful in forcing him into a decision (timewise)
• As it is at his (department's) discretion to decide depending on the mood, I guess their mood will not be in your favor after you just sued them...

[ashimashi]

The main problem is that the decision is in absolute discretion of the minister but that doesn't mean it can take an unreasonably long time

I guess you will be successful in forcing him into a decision (timewise)
As it is at his (department's) discretion to decide depending on their mood, I guess their mood will not be in your favor after you just sued them...

Yep that was exactly my thoughts.
However, doesn't this sound like it's in direct contradiction to human rights and kind of holding your rights (of a fair trial) into ransom?

[Sahil]

Yep that was exactly my thoughts.
However, doesn't this sound like it's in direct contradiction to human rights and kind of holding your rights (of a fair trial) into ransom?

that is exactly what Irish Govt. does

[walrusgumble]

A recent discussion in another thread made me think of the above. How possible it would be to take the case of ultra-long delay for naturalisation applications to court, and force them to make decision earlier? The main problem is that the decision is in absolute discretion of the minister but that doesn't mean it can take an unreasonably long time... would that argument hold in any court? This has been recently done in USA and they successfully forced INS into a settlement - some of those arguments may be borrowed...

http://www.nwirp.org/UDocuments/Announc ... eement.pdf
http://www.aila.org/RecentPosting/Recen ... px?Weeks=4 (look at 13/08/04 posts...)

there are hundreds of IRISH cases in the high court who have brought cases to court because of the Minister's unconscionable and unreasonable delay - one seeks an order of mandamus normally, this includes citizenship, leave to remain, subsidiary protection, long term residency etc

See courts.ie or bailii.org for the Judge Edwards case of (K)M v Minsiter for Justice, Equality and Law Reform 2007

[ashimashi]

thanks for the advice walrus - but the problem is I wouldn't want to piss them off, what would be the point in forcing them to a decision and then minister exercising his absolute power to tell me to flip off!