Losing citizenship
When the Minister can revoke citizenship granted by naturalisation. Applies to existing naturalised citizens too.
Head 10 · Section 19
| Now | Proposed | |
|---|---|---|
| Grounds | 5: fraud; disloyalty; 7 years abroad unregistered; citizen of an enemy state; voluntarily taking another citizenship | Adds: “public policy, public order or national security” |
| Inquiry procedures set by | Minister, consulting the inquiry chair (a retired judge) | Minister alone |
| Notice, 28 days to respond, right to an inquiry | Yes | Unchanged |
Legal text
Highlighted: current wording proposed wording
19.—(1) The Minister may revoke a certificate of naturalisation if he is satisfied—
19.—(1) The Minister may revoke a certificate of naturalisation if he is satisfied—
(a) that the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances, or
(a) that the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances, or
(b) that the person to whom it was granted has, by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State, or
(b) that the person to whom it was granted has, by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State, or
(c) that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or
(c) that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or
(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, or
(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, or
(e) that the person to whom it is granted has by any voluntary act, other than marriage or entry into a civil partnership, acquired another citizenship.
(e) that the person to whom it is granted has by any voluntary act, other than marriage or entry into a civil partnership, acquired another citizenship. or
Not in current law
(f) that it is in the interests of public policy, public order or national security.
(1P) The Minister may, in consultation with the chairperson of the Committee of Inquiry and having regard to the need to observe fair procedures, prescribe procedures for and in relation to an inquiry under this section, including the circumstances in which oral hearings may be held.
(1P) The Minister may, having regard to the need to observe fair procedures, prescribe procedures for and in relation to an inquiry under this section, including the circumstances in which oral hearings may be held.