Several factors can lead to the revocation of Irish citizenship.

Irish citizenship may be revoked under several circumstances, including:

• Citizenship obtained based on residency as the spouse of an EU national, where the spouse’s residency status was later revoked.
• Providing false information in applications for refugee status, subsidiary protection, or leave to remain.
• Using a false identity to obtain immigration status in Ireland. For example, an Albanian national may have applied as a Kosovan, or a Pakistani national may have claimed to be from Afghanistan.

Legal Basis for Citizenship Revocation

Irish citizenship revocation is governed by Section 19 of the Irish Nationality and Citizenship Act 1956.

Grounds for Revocation Under Section 19

Under Section 19 of the Irish Nationality and Citizenship Act 1956, citizenship obtained through naturalisation may be revoked if:

1. Citizenship was obtained through fraud, misrepresentation, or by concealing material facts.
2. The person has committed an overt act that demonstrates a lack of fidelity and loyalty to the Irish State.
3. The individual has lived outside Ireland for seven consecutive years without registering their intention to retain Irish citizenship (unless abroad for public service).
4. The individual holds citizenship in a country that is at war with Ireland.
5. Citizenship was voluntarily acquired in another country, excluding cases where citizenship was obtained through marriage.

Process for Revocation of Citizenship

The revocation process follows a structured legal procedure.

Steps in the Revocation Process

Before revoking Irish citizenship, the Minister for Justice is required to:

1. Issue a formal notice of intent to revoke the Certificate of Naturalisation, stating the reasons.
2. Allow the affected individual to request an inquiry before a committee chaired by a legally qualified individual.
3. Consider the committee’s report before making a final decision.

Legal Challenge to Section 19

The constitutionality of Section 19 was challenged in a landmark legal case.

Damache v Minister for Justice [2020] IESC 63

The revocation process under Section 19 was challenged in Damache v Minister for Justice [[2020] IESC 63], where the Supreme Court ruled it unconstitutional.

Key Findings of the Supreme Court

• The Minister for Justice was responsible for initiating, overseeing, and making the final decision, leading to concerns about procedural fairness.
• Individuals facing revocation must have access to an independent and impartial decision-maker.

Current Status of Section 19

Following the Supreme Court ruling, Section 19 is currently suspended.

Following this ruling, the revocation process under Section 19 is suspended, and new legislation must be introduced before citizenship can be revoked under this provision.

Key Case Law: UM (a Minor) v Minister for Foreign Affairs

This case set a significant legal precedent regarding citizenship revocation.

A significant case regarding citizenship revocation is UM (a minor) v Minister for Foreign Affairs and Trade Passport Appeals Officer David Barry [[2020] ICEA 154].

Case Overview

• UM was a child born in Ireland to Afghan parents.
• The father was granted refugee status in 2006, while the mother arrived in Ireland in 2012 and later obtained refugee status in 2015.
• The father’s refugee status was revoked in August 2013 due to an earlier fraudulent asylum claim in the UK.
• When UM applied for an Irish passport in 2014, the application was rejected on the grounds that UM was not an Irish citizen.

Court Rulings

The case went through multiple levels of court rulings before reaching the Supreme Court.

High Court (2017) Decision

• Ruled that residence obtained through fraudulent means could not be counted for citizenship purposes.

Court of Appeal Decision

• Upheld the High Court’s ruling, stating that no benefit could arise from fraudulently obtained refugee status.

Supreme Court Decision (2022)

On June 2, 2022, the Supreme Court overturned previous rulings, stating:

• A refugee declaration remains valid until officially revoked.
• The Minister has discretion in deciding whether to revoke refugee status and must consider the impact of revocation on derivative rights, such as those of children.
• Revocation does not apply retrospectively—meaning that while the father’s refugee status was later revoked, it was still valid during the period it was in force.
• Children born to individuals with valid residency at the time of birth can still claim Irish citizenship.

Implications for Applicants

Those affected by potential revocation should seek legal advice immediately.

For individuals facing the potential revocation of Irish citizenship, it is essential to seek expert legal advice. If you receive a notice of intent to revoke your citizenship, professional guidance is crucial to ensure your rights are protected.