• Aaron Flynn

Supreme Court confirm new process required for revocation of Citizenship in Ireland



The Supreme Court has issued a further decision following the Judgment delivered on 14 October 2020 in Ali Damache which found 'that the process provided for revocation in s.19 does not

provide the procedural safeguards required to meet the high standards of natural justice

applicable to a person facing revocation of a certificate of naturalisation by reason of the

absence of an impartial and independent decision maker.'


This decision was delivered following submissions from both sides as to the appropriate Orders for the Supreme Court to make. The Court commented that '[t]he proceedings in this case have always been about the adequacy of the procedural safeguards contained in s.19 before a certificate of naturalisation can be revoked.'


And:


'It follows from the above that before any revocation can take place it will be necessary to introduce a new process which meets the requirements of natural justice. It is apparent that the legislature in introducing the Act of 1956 went further than the legislature had gone in the Act of 1935 by introducing the safeguards in s.19, which have been found wanting in these proceedings. It is clear that in 1956, the legislature considered that before revocation of a certificate of naturalisation could take place that there had to be some safeguards available to the citizen affected by the proposal to revoke the certificate. '


Judge Elizabeth Dunne delivered the Supreme Court Judgement in ALI CHARAF DAMACHE Appeal No: S:AP:IE:2019:000141.



Analysis


This is quite a complex area and one that will require a very reasoned piece of legislation be passed to deal with future revocations of citizenship. Given the numbers of naturalisation approvals it is certain there will be future revocations and a robust process should be in place without the need to litigate the decision in the Courts.

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