Ireland: Shock ruling says citizenship cannot be granted if applicant has spent a day outside Ireland in past year - PressFrom - United Kingdom
  •   
  •   

IrelandShock ruling says citizenship cannot be granted if applicant has spent a day outside Ireland in past year

17:11  17 july  2019
17:11  17 july  2019 Source:   thejournal.ie

A US appeals court has upheld a ruling that bars Trump from blocking people on Twitter because it's discriminatory and unconstitutional

A US appeals court has upheld a ruling that bars Trump from blocking people on Twitter because it's discriminatory and unconstitutional A US Court of Appeals ruled Tuesday that free speech under the First Amendment doesn't allow Trump to block users from open online discourse.

Irish citizens are formal members of the Irish community living in Ireland and living abroad. What is Irish citizenship and what is your right to Irish citizenship ? Find out more about who is eligible to become an Irish citizen through naturalisation and how to apply for naturalisation.

Find out if you’re eligible — Citizenship . Each day spent in Canada as a temporary resident or protected person within the last 5 years counts as one half day Canada has two official languages: English and French. If you’re 18 to 54 years of age on the day you sign your application , you must

Shock ruling says citizenship cannot be granted if applicant has spent a day outside Ireland in past year © Brian Lawless A man holding an Irish passport (Brian Lawless/PA)

THE HIGH COURT has ruled that nobody can be granted Irish citizenship if they have spent a single day outside the country in the past year.

The unexpected judgment, handed down by Mr Justice Max Barrett, could affect thousands of people applying for Irish citizenship on the basis of residence in the country.

Experts called the ruling “absurd”, pointing out that the law on citizenship has never been interpreted so strictly before.

Under the Irish Nationality and Citizenship Act 1956, foreign nationals wishing to naturalise as Irish have to be legally resident in the State for at least five years out of the last nine (or three out of the last five if married to an Irish citizen).

Community in shock as boy, 10, drowns at a house in Carlingford, Co Louth

Community in shock as boy, 10, drowns at a house in Carlingford, Co Louth It is the third time in just two weeks that the county has been struck by tragedy . On June 28, Jill Amante died after getting into difficulty while swimming at Seapoint Beach near Drogheda. The 14-year-old was remembered as a “bright, exuberant” girl. And just last weekend, seven-year-old Chantelle Keenan died after a car parked in a driveway in Drogheda rolled over her. It is understood a number of children were at the tragic scene. Meanwhile, Roger Sweeney of Irish Water Safety said extra vigilance is needed as “more people are using the water” and there is an “average of five drownings every fortnight”.

Most naturalization applicants are required to take a test on The United States has a long history of welcoming immigrants from all parts of the world. America values the contributions of immigrants who continue to enrich this country and preserve its legacy as a land of freedom and opportunity.

Congress has enacted laws that determine how citizenship is conveyed by a U.S. citizen parent (or parents) to children born outside of the United States. The law in effect at the time of birth determines whether someone born outside the United States to The child is under 18 years of age

This includes one year of “continuous residence” in the 12 months up to the date of application.

In practice, the Department of Justice and Equality had been allowing citizenship applicants to be out of the country for up to six weeks in that final year, and “possibly more in exceptional or unavoidable circumstances”.

But Mr Justice Max Barrett ruled this six-week rule goes “beyond what is legally permissible in this regard, because… the Act of 1956 does not confer any discretionary power on the Minister”.

Pointing to the dictionary definition of “continuous”, the judge held that “an applicant must show a one-year period of residence in Ireland that is ‘unbroken, uninterrupted, connected throughout in space or time’”.

Former Miss Ireland Pamela Flood and restaurateur Ronan Ryan may face jail over failing to quit €900k home

Former Miss Ireland Pamela Flood and restaurateur Ronan Ryan may face jail over failing to quit €900k home Former Miss Ireland Pamela Flood and restaurateur Ronan Ryan may face jail over failing to quit €900k home

have spent more than a year outside the United States, or. cannot yet demonstrate that you've had good moral character for the required amount of time before applying for citizenship . See the resources listed below for more details on these related requirements.

A child born in Ireland to a parent who has been granted refugee status is also automatically entitled to Irish citizenship . Has been granted refugee status in Ireland . Please note that Irish passport applications cannot be accepted at the same time as citizenship applications - these are 2 very

Immigration lawyer Aoife Gillespie said the effect of the decision is that “an applicant must literally never leave the State [in those 12 months]. Not even for one day. Not even to enter Northern Ireland (an impossibility for many persons living by the border). They must have entirely uninterrupted residence in Ireland”.

She added, “It is absurd to require a person to be detained within the State for an entire year in order to qualify for Irish citizenship.”

Shock ruling says citizenship cannot be granted if applicant has spent a day outside Ireland in past year © Sam Boal RollingNews.ie Speaking to the TheJournal.ie, Gillespie said that foreign citizens resident in Ireland should not now apply for citizenship if they have been out of the country even once in the past 12 months – at least until the legal position is resolved.

She added that pending citizenship applications would have to be refused:

Those applications that are sitting on the Department’s desk at the moment, where there is any absence at all, can’t be approved until either the judgment is appealed and overturned or the law changes.

Touching the clouds: Ireland’s tallest building could be 34-storey skyscraper

Touching the clouds: Ireland’s tallest building could be 34-storey skyscraper The planned development of a 34-storey hotel at Custom House Quay in the Cork docklands, touted to become the tallest building in Ireland upon completion, will create up to 1,200 jobs between construction and opening. 

The Minister has the discretion to grant citizenship to a person to alleviate cases of special and unusual hardship, or to reward The Department has reasonable measures to accommodate the needs of citizenship applicants . However, there was no explicit reference to accommodate persons

As an Irish citizen living in Ireland , you also have certain duties and responsibilities. For example, you are expected to observe and uphold the basic rule of law in Ireland and to serve on a You may be entitled to Irish citizenship if you were born outside of Ireland , but you may need to register your birth.

Barrister Cathal Malone said that the department “may decide to suspend or delay decisions in any case where there’s a short absence” pending an “inevitable” appeal.

Malone, a specialist in immigration and asylum law, told TheJournal.ie that “the decision will likely bring the entire Citizenship Division to a grinding halt until it’s resolved on appeal. I suspect a leapfrog appeal directly to the Supreme Court is highly likely”.

Gillespie said that the ruling could even raise questions about past grants of Irish citizenship, since the six-week rule has, in the High Court’s view, been unlawful all along.

“There are countless naturalisation certificates that have been granted where the person hasn’t been continuously resident in accordance with this rule. So there’s a question mark over whether previous grants of naturalisation were lawful because the Minister didn’t have the power to grant them.”

Over 8,000 people were granted Irish citizenship in 2017 alone, according to European Union data.

The decision does not affect those applying for Irish passports on the basis that they have an Irish parent or grandparent. There is no residence requirement for citizenship by descent.

‘He did everything by the book’ – Outlook ‘not good’ for Cork man arrested by US immigration officials

‘He did everything by the book’ – Outlook ‘not good’ for Cork man arrested by US immigration officials Things are not looking good for the Cork man who was arrested by US immigration officials outside Philadelphia last week after more than a decade living in America, according to Senator Billy Lawless. 

you had a citizenship application refused in the past five years because you misrepresented yourself (made false statements, submitted false information, or altered documents); or if. your Canadian citizenship has been revoked because of fraud in the past ten years . At the very least, a criminal

If a citizenship ceremony is available, you might be able to attend it on the same day as your U.S. citizenship interview. If not, USCIS will mail you a notice (Form N-445, Notice of Naturalization Oath Ceremony) stating where and when you have to present yourself for your ceremony.

Mr Justice Max Barrett wrote that while his judgment “may seem unfair”, it was what the letter of the law required. He said that “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”.

Malone said that there may need to be emergency legislation to amend the 1956 Act.

The Department of Justice has been approached for comment.

MORE NEWS:

Garda selected for early Westlife line-up guilty of cocaine possession (Independent.ie)

Lake discovered 11,000ft high in the Alps, in 'truly alarming' sign of climate change (The Independent)

‘Go back’? Trump’s grandfather’s German hometown has a different message for the US President (The Washington Post)

9,000-year-old city found near Jerusalem (ABC News)

Death of pensioner whose body may not have been discovered for up to seven months not being treated as suspicious.
Death of pensioner whose body may not have been discovered for up to seven months not being treated as suspicious

—   Share news in the SOC. Networks

Topical videos:

usr: 64
This is interesting!