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Category: News (page 1 of 3)

Citizenship by Naturalisation – Court of Appeal Decision

 

The Court of Appeal has overturned the High Court decision in the Roderick Jones case. The High Court had made a finding that a the requirement for a naturalisation applicant to have ‘continuous residence’ in Ireland for one year prior to submitting their papers, was in fact, a requirement to remain within in the state for a one-year period. This decision was widely criticised as it left a number of applicants in limbo, having previously relied on the ‘six week rule’.

The Court of Appeal described the High Court finding as “unduly rigid” and “unworkable.” This means that applicants for naturalisation who otherwise meet the criteria for citizenship can once again submit their applications without worry that a holiday or work travel will invalidate their application. It should also mean that applications already submitted will soon begin to be processed.

It is interesting to note also, that the Court of Appeal described the fact of Mr Jones’ travel as being mostly unrelated to work as ‘material’, in coming to the conclusion that the Minister acted reasonably. It suggests that persons who  have spent a large number of days outside the state due to their work requirements might reasonably expect to have these days treated outside the six-week rule in the future.

The above is intended for information purposes only, and is not intended to be relied upon as legal advice. Please contact us on 01 – 676 3257 for advice specific to your needs. We, at Fitzsimons Redmond, are happy to discuss with you any questions and concerns you might have in relation to your naturalisation application.

By Lisa Quinn O’Flaherty, solicitor at Fitzsimons Redmond

A Big Welcome to Andrew Young

We are all delighted to welcome back Andrew Young to Fitzsimons Redmond, as a legal executive. Andrew previously worked here as a summer intern in 2018 and we are delighted to welcome him back. Since he last worked here, he has completed his law degree at Dublin Business School and has worked in the corporate and commercial section of an international law firm. Andrew plans to begin the law society entrance exams shortly, and then begin his solicitor traineeship. We hope he will be very happy with us!

Lisa is a finalist for Lawyer of the Year

Our Lisa Quinn O’Flaherty has been shortlisted as a finalist in the Lawyer of the Year category of the Lincoln Early Career Awards 2019. We wish her every success at the award ceremony in October.

Innovate Legal: Dublin

Solicitor, Lisa Quinn O’Flaherty has been invited to take part in a panel discussion on innovation in the legal profession and the business of law, at the Innovate Legal: Dublin event, which will take place at Huckletree, Pearse Street on Tuesday 17th September at 18.00pm. This is one of a series of information events for legal professionals organised by Clio, and the first to take place in Ireland. Lisa will be discussing, together with other legal innovators, what Fitzsimons Redmond does to ensure that we are on top of legal trends and what we do differently to ensure a high standard of client service.

The event is free and open to the public. Tickets may be booked via eventbrite:

https://innovate-legal-dublin.eventbrite.com/?aff=Lisa

Student Accommodation and Residential Tenancies Legislation

 

The recent changes to the Residential Tenancies Acts 2004- 2019 mean that those with a lease or licence for student accommodation are now protected to some extent by the residential tenancies legislation. Many term-time tenancies were previously considered as licences and fell outside the legislation.

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Update on Irish Naturalisation

 

 

This is an important update on submitting applications for Irish citizenship by naturalisation. In the recent appeal of a refusal of Irish citizenship by Roderick Jones, it was argued that the Minister ought not to have refused the application where the applicant had spent 100 days abroad in the year leading up to his application, as there were valid reasons for Mr Jones’ absence from the state and it did not suggest that he was no longer continuously resident. The High Court however made a surprising decision, by applying a literal interpretation of the word continuous in the legislation.  It was held that any absence whatsoever from the state during the year prior to application would make the applicant ineligible for naturalisation.

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The Use of CCTV in the Workplace

Under GDPR, employers are entitled to monitor employee activity if they have a lawful basis for doing so and the purpose of their monitoring is clearly communicated to employees in advance-before any data is recorded the data subject must be warned. A system used to monitor the building for security purposes will usually be easy to justify. The use of CCTV systems in other circumstances – for example, to constantly monitor employees – can be more difficult to justify and could involve a breach of the Data Protection Acts. Should an employee object to the use of CCTV cameras in a particular area, the GDPR test  places the burden on the employer to demonstrate that it has “compelling legitimate grounds” for processing that override the employees’ rights, or for the establishment, exercise or defence of legal claims.

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Pyrite Remediation Scheme

The Pyrite Resolution Act 2013 provides for the making of the Pyrite Remediation Scheme for certain dwellings affected by reactive pyrite and for the establishment of the Pyrite Resolution Board (PRB) to manage the implementation of such scheme. The Pyrite Remediation Scheme is for the remediation of eligible dwellings that have a damage condition rating of 2 as a result of pyritic heave caused by the swelling of hardcore under ground floor slabs. Continue reading

Irish Law Awards 2019

 

We are delighted to share the news that we have been announced as finalists in three categories of the Irish Law Awards 2019. John Redmond is shortlisted for Sole Principal of the Year, and Lisa Quinn O’Flaherty is shortlisted for both Dublin Lawyer of the Year and Community / Pro-Bono Lawyer of the Year. We are incredibly  grateful to our clients and colleagues for their support, and thankful for this recognition of the work we do at Fitzsimons Redmond.

 

A Guide to the CRO’s Beneficial Ownership Register

 

Article 30(1) of the EU’s Fourth Anti-Money Laundering Directive (4AMLD) requires all EU Member States to require companies to hold an up-to-date record of their beneficial owner or owners. This came into effect via part 2 of SI110/2019 on the 22nd March this year.

A beneficial owner is defined as a natural person or persons who directly or indirectly holds a 25% or greater shares, votes, control or ownership interest in a company. Where the company is owned by a parent company, a beneficial owner is a person with a 25% or greater interest in that parent company. If no natural person can be traced to being a beneficial owner, the most senior managing official of the company or the parent company should be listed on the beneficial ownership register.

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