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Revocation of Residence Cards

Revocation of Residence Cards

A recent legal decision has changed the position on revoking Permanent Residence Cards (EU FAM residence cards), particularly in cases involving allegations of a marriage of convenience. The revocation decision in question was retrospectively applied, meaning that the individual’s residence permission was invalidated from the date of the original grant. As a result, the applicant was deemed to have resided in Ireland without permission since 2009, which in turn impacted the child’s right to Irish citizenship.

Key Legal Precedents

The legal discussion distinguishes this case from UM (a MINOR) v Minister for Foreign Affairs and Trade & Ors [2022] IESC 25. In that case, the Supreme Court ruled that revoking a parent’s refugee status could not retrospectively affect the citizenship of a child born in Ireland.

Ms. Justice Phelan made two crucial observations:

✔️ Citizenship by birth cannot be revoked under the 1956 Act or any other law.
✔️ The 2015 Regulations (which govern EU FAM residence cards) do not grant the Minister for Justice the power to nullify a child’s vested citizenship rights retrospectively.

The AKS Case – A Summary

Case: A.K.S (A MINOR) v The Minister for Justice & Others

  • This case arose after the Minister for Justice revoked the EU FAM residence card of an Irish citizen child’s parent due to allegations of fraud in their immigration application.
  • The Minister ruled that the residence permission granted to the parent was invalid from the start, meaning that they were considered to have lived unlawfully in Ireland since 2009.
  • This retrospective revocation raised questions about the child’s Irish citizenship, as Irish nationality law requires a parent to have a period of lawful residence before the child’s birth.

Key Arguments & Findings

✔️ Retrospective revocation of residence cannot affect a child’s acquired Irish citizenship.
✔️ The 2015 Regulations do not explicitly allow for retrospective nullification of residence permissions.
✔️ The Minister’s decision lacked the required procedural safeguards and failed to consider the child’s rights.
✔️ The court quashed the Minister’s decision, ruling it was beyond legal authority (ultra vires).

Implications for Residence Card Holders

The ruling confirms that:

  • The revocation of an EU FAM residence card does not automatically impact a child’s Irish citizenship.
  • Any revocation decisions must comply with fair procedures and consider all affected parties.
  • The Irish government cannot retrospectively nullify citizenship rights through immigration-related decisions.

At ImmigrationSolicitors, we provide expert guidance on residence card revocations, EU Treaty Rights, and citizenship matters. If you or a family member are affected by a similar situation, contact us for legal advice tailored to your case.