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 LLP, 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 LLP
