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Working for equality
Irish Citizenship
Law: An Overview
of Recent
Developments
Catherine Cosgrave
Managing Solicitor
EMN Conference December
2020
Established 2001
NGO and Independent Law Centre
Service provision – Helpline and Legal Service
Research and law reform/advocacy
About Immigrant Council of Ireland
2018: 797 out of approx. 3,500 queries (22%)
2019: 987 out of 5035 queries (20%)
2020 (as of 4/12): 956 out of 5266 queries (18%)
ICI Helpline Citizenship Stats
535,475 ‘non-Irish’ representing over 200 different nationalities
Further 104,784 dual nationals with Irish as part of dual identity
12.3% of non-Irish nationals were aged 0 to 14 years
157,318 foreign national/dual nationality children in Ireland,
approx. 12.1% of the total population of Ireland aged 0-19 years.
Population Demographics: Census 2016
Motivations for applying – many and varied:
- Insecure temporary residence
- Access to rights
- Sense of belonging & identity
Citizenship – Reasons for Applying
Naturalisation – adults
Naturalisation – children born in Ireland
Naturalisation – children born abroad
Citizenship at birth
Citizenship by descent
Citizenship queries to ICI Helpline
Administrative – which form, required supporting documents,
supporting documents, application procedure, processing times,
etc.
Substantive – interpretation of statutory criteria, reasons for
refusals and administrative/judicial review, revocation, stateless
determination and access to nationality.
Nature of Citzenship Queries Received
Low rates of naturalisation
High application fees
Excessive processing times
Disproportionate reasons for refusals – 'good behaviour' high
threshold & no appeal procedures
• Lack of celebration
Migrants Experiences: Living in Limbo 2011
Still high fees and no appeals procedures but
Higher rates of naturalisation - +145,800 2006 - 2018
Improved customer service & processing times (with some
challenges!)
Citizenship ceremonies
Current perspective
I (a minor) v. MJE [2019] IEHC 535 - 'applicant'
M.N.N. v MJE [2020] IEHC - 'good character'
Borta v. MJE [2019] IECA 255 - 'Irish Associations'
Damache v. MJE [2020] IESC - revocation of Irish citizenship
Jones v. MJE [2019] IECA 285 - 'continuous residence'
Recent Developments: Judicial
Impact of Covid-19 on INIS operations
Backlog and increased processing times, impact of COVID-19
E-vetting and tax clearance
Virtual citizenship ceremonies
Statutory Declaration for Oath of Allegiance
Single Person Committe of Inquiry
Recent Developments: Administrative
Irish Nationality & Citizenship (Naturalisation of Minors Born in Ireland) Bill
2018
Seeks to reduce residence requirements from 5 to years for child applicants
born in Ireland
Amend current section 15(3) - the parent is not the 'applicant'
Dispense with current section 16(A) reckonable residence requirements
Recent Developments: Legislative
Irish Nationality & Citizenship (Citizenship for Children) Bill 2020
Provides for automatic citizenship at birth for children born in Ireland
Provides an entitlent to citizenship for children living in Ireland for 3 years
Amend current section 10 by providing that 'foundlings' will be deemed to
have been born in Ireland
Amend current section 16 definition of 'Irish Associations' to include siblings
of Irish citizens
Recent Developments: Legislative
THANK YOU
2 St. Andrew Street, Dublin 2, Ireland.
T: +353 1 674 0202 F: +353 1 645 8059
E: catherine@immigrantcouncil.ie
W: www.immigrantcouncil.ie

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Irish citizenship an overview of recent developments

  • 1. Working for equality Irish Citizenship Law: An Overview of Recent Developments Catherine Cosgrave Managing Solicitor EMN Conference December 2020
  • 2. Established 2001 NGO and Independent Law Centre Service provision – Helpline and Legal Service Research and law reform/advocacy About Immigrant Council of Ireland
  • 3. 2018: 797 out of approx. 3,500 queries (22%) 2019: 987 out of 5035 queries (20%) 2020 (as of 4/12): 956 out of 5266 queries (18%) ICI Helpline Citizenship Stats
  • 4. 535,475 ‘non-Irish’ representing over 200 different nationalities Further 104,784 dual nationals with Irish as part of dual identity 12.3% of non-Irish nationals were aged 0 to 14 years 157,318 foreign national/dual nationality children in Ireland, approx. 12.1% of the total population of Ireland aged 0-19 years. Population Demographics: Census 2016
  • 5. Motivations for applying – many and varied: - Insecure temporary residence - Access to rights - Sense of belonging & identity Citizenship – Reasons for Applying
  • 6. Naturalisation – adults Naturalisation – children born in Ireland Naturalisation – children born abroad Citizenship at birth Citizenship by descent Citizenship queries to ICI Helpline
  • 7. Administrative – which form, required supporting documents, supporting documents, application procedure, processing times, etc. Substantive – interpretation of statutory criteria, reasons for refusals and administrative/judicial review, revocation, stateless determination and access to nationality. Nature of Citzenship Queries Received
  • 8. Low rates of naturalisation High application fees Excessive processing times Disproportionate reasons for refusals – 'good behaviour' high threshold & no appeal procedures • Lack of celebration Migrants Experiences: Living in Limbo 2011
  • 9. Still high fees and no appeals procedures but Higher rates of naturalisation - +145,800 2006 - 2018 Improved customer service & processing times (with some challenges!) Citizenship ceremonies Current perspective
  • 10. I (a minor) v. MJE [2019] IEHC 535 - 'applicant' M.N.N. v MJE [2020] IEHC - 'good character' Borta v. MJE [2019] IECA 255 - 'Irish Associations' Damache v. MJE [2020] IESC - revocation of Irish citizenship Jones v. MJE [2019] IECA 285 - 'continuous residence' Recent Developments: Judicial
  • 11. Impact of Covid-19 on INIS operations Backlog and increased processing times, impact of COVID-19 E-vetting and tax clearance Virtual citizenship ceremonies Statutory Declaration for Oath of Allegiance Single Person Committe of Inquiry Recent Developments: Administrative
  • 12. Irish Nationality & Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018 Seeks to reduce residence requirements from 5 to years for child applicants born in Ireland Amend current section 15(3) - the parent is not the 'applicant' Dispense with current section 16(A) reckonable residence requirements Recent Developments: Legislative
  • 13. Irish Nationality & Citizenship (Citizenship for Children) Bill 2020 Provides for automatic citizenship at birth for children born in Ireland Provides an entitlent to citizenship for children living in Ireland for 3 years Amend current section 10 by providing that 'foundlings' will be deemed to have been born in Ireland Amend current section 16 definition of 'Irish Associations' to include siblings of Irish citizens Recent Developments: Legislative
  • 14. THANK YOU 2 St. Andrew Street, Dublin 2, Ireland. T: +353 1 674 0202 F: +353 1 645 8059 E: catherine@immigrantcouncil.ie W: www.immigrantcouncil.ie