Can the Minister of Justice and Equality revoke citizenship?

[andrewnorris]

If someone renounces it? Not planning on doing anything but I wonder, say that a Nigerian immigrant whos been here for 6 years obtains citizenship and then decided to renounce their Nigerian citizenship.

A few years down the road, they commit a serious crime (murder). Can they have it revoked? I know the UN convention states that nations may not revoke citizenship in the event that it would render a person stateless. Or can they still do this if the person can re-apply for citizenship.

[Zerubbabel]

Hello

Some official information here:

https://www.citizensinformation.ie/en/m ... he%20State

Citizenship revocation is not an easy business but don't mess with it.

[Vorona]

Minister has a power to revoke citizenship under certain circumstances. It is regulated by Irish Nationality and citizenship Act, not the UN's view on statelessness. Section 19 of the Act clearly explains it.

In your example revocation won't be necessary as the person will be jailed for life.

[Granista]

Minister has a power to revoke citizenship under certain circumstances. It is regulated by Irish Nationality and citizenship Act, not the UN's view on statelessness. Section 19 of the Act clearly explains it.

In your example revocation won't be necessary as the person will be jailed for life.

Revocation could allow for deportation as a foreign criminal and therefore save the state the cost of imprisoning them.

[Vorona]

Revocation could allow for deportation as a foreign criminal and therefore save the state the cost of imprisoning them.

Revoking someone's citizenship does not eliminate responsibility for the crime they've commited.
By Irish law if you kill someone, you're going to spend the rest of your life in prison. Revoking or keeping the citizenship of the convicted makes very little difference.

[Zerubbabel]

Revocation could allow for deportation as a foreign criminal

That's too cheap for a murder!

[Granista]

Revocation could allow for deportation as a foreign criminal and therefore save the state the cost of imprisoning them.

Revoking someone's citizenship does not eliminate responsibility for the crime they've commited.
By Irish law if you kill someone, you're going to spend the rest of your life in prison. Revoking or keeping the citizenship of the convicted makes very little difference.

It is categorically not true that if you kill someone in Ireland you will always spend the rest of your life in prison. Why make such silly statements? There was a guy who killed 2 people and only served 9 years before getting day release! Last year at least 150 killers were free from prison.

All beside the point though. Yes, the Minister can revoke citizenship, and yes, it does happen regularly, for a lot less than killing someone.

[Vorona]

It is categorically not true that if you kill someone in Ireland you will always spend the rest of your life in prison. Why make such silly statements? There was a guy who killed 2 people and only served 9 years before getting day release! Last year at least 150 killers were free from prison.

Go and read relevant resources, I have no time or desire to argue about something you could easily find yourself.

[Obie]

This is not a criminal law forum, it is immigration and citizenship.

The minister has limited basis of revoking citizenship, one is where a person obtained Irish nationality by fraud and second is when a person left the state for more than 6 years without registering at an Irish consulate.

Simply committing murder in Ireland, as abhorrent as that is, will not lead to revocation.

[littlerr]

Obie is right. Murder alone is not a valid reason for the minister to revoke the citizenship.
In addition to the valid reasons listed by Obie, the minister can also revoke one's citizenship if the person has another nationality from a country that is at war with Ireland, or if the person fails in their duty of fidelity to the nation (again, war crime or things like espionage against Ireland).

[Obie]

I know of provision in place if a person acquires another nationality after naturalisation for reason other than marriage or if the person failed in their fedility to the state.

They cannot simply refuse if you are from a country at war with Ireland, in circumstances where the person has not actively participated in that war, especially when that person held that citizenship before acquiring irish nationality.

[littlerr]

They can. The constitution does allow for it.

Section 19 (1)(d) of Irish Nationality and Citizenship Act 1956.
The Minister may revoke a certificate of naturalisation if he is satisfied:
(d) that the person to whom it is granted is also, under the law of a country at war with the State, a citizen of that country

It does not require that person to actively engage in the war.

(Not that it would happen in real life though..)

[Obie]

Interesting area of law. Fortunately the state has never been at war since its establishment. So we will not know how it will interpret that provision..

Given that such a scenario will lead to loss of EU citizenship, it is difficult to see how it could be proportionate under EU law, to withdraw nationality for no reason other than the fact that the person qualify for citizenship under the law of a state at War with Ireland.

We will never know how the court will interprete it.

I believe since its establishment, the state has never invoked that provision on any naturalised citizen.