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Minister moves to "reassure people" after citizenship court ruling

The Justice Minister has said citizenship issues arising from a recent court ruling are being dea...
Stephen McNeice
Stephen McNeice

13.02 18 Jul 2019


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Minister moves to "reassu...

Minister moves to "reassure people" after citizenship court ruling

Stephen McNeice
Stephen McNeice

13.02 18 Jul 2019


Share this article


The Justice Minister has said citizenship issues arising from a recent court ruling are being dealt with as an "urgent priority".

It follows a recent High Court ruling that has drawn concern among some involved in the citizenship process.

The case was taken by Roderick Jones, an Australian national who has applied to become a naturalised Irish citizen.

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Under current rules, a person must have "one year's continuous residence in the State" immediately before applying to become a citizen.

Typically, the minister allows for six-weeks discretion when determining 'continuous residence' - and "possibly more" in exceptional or unavoidable circumstances.

Mr Jones, who works in the university sector here, was outside Ireland for 100 days - 97 on holiday and three for work reasons.

After Mr Jones' application was rejected, he took a case against the Justice Minister.

In a High Court judgement earlier this month, Mr Justice Max Barrett ruled that Mr Jones' application "by law, just has to fail".

The judge said the decision "may seem unfair" in a world where people regularly travel for work or holidays - including academic staff who enjoy longer vacation periods.

However, he pointed to the dictionary definition of continuous meaning 'unbroken and uninterrupted'.

He added: "If that is perceived to yield unfairness in practice - and again there may be perfectly legitimate reasons why the Oireachtas has used the word 'continuous' (and the phrase 'continuous residence') with all the consequences that flow therefrom - the cure for any (if any) such unfairness as is resulting is not to be found in the law-courts; it lies in the gift of the legislature."

In a statement today, Justice Minister Charlie Flanagan acknowledged the ruling has "caused concern and may have been unsettling for people in the citizenship process".

He added: "I want to reassure people that my officials are carefully studying the ruling in consultation with the Attorney General’s Office.

"This issue is being dealt with as an urgent priority and I will take any necessary action to resolve it.”

Main image: Justice Minister Charlie Flanagan. Picture by: Brian Lawless/PA Wire/PA Images

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