Citizenship Application Processing Times

Many applicants are experiencing significant delays in the processing of Irish citizenship and naturalisation applications by Immigration Service Delivery (ISD). In some cases, these delays extend beyond four years, causing distress to applicants and their families.

Expected Processing Time vs. Reality

While ISD states that a straightforward application should take 23 months, actual processing times vary, and many applicants face much longer waiting periods.

Judicial Review for Citizenship/Naturalisation Delays

If an application remains undecided for an unjustified period, an applicant may take Judicial Review proceedings to compel the Minister for Justice to issue a decision.

Order for Mandamus – Compelling a Decision

A Judicial Review case for delay is an application for an Order for Mandamus, which legally obliges the Minister for Justice to issue a decision.

To proceed with a High Court challenge, it must be established that the delay is:
✔️ Unreasonable
✔️ Unjustified
✔️ Tantamount to a refusal

Key Factors Considered by the Court

Judge Edwards in the KM case outlined the following factors the court considers:

Time elapsed since the application was submitted
Complexity of the case and required investigations
Extent of any inquiries needed
Reasons provided for the delay
Prejudice suffered by the applicant

Potential Defenses by the Minister for Justice

The Minister may justify a delay by citing:
✔️ Garda investigations into the applicant’s background
✔️ Awaiting foreign intelligence or security clearances
✔️ Verification of documentation

If the Minister can provide valid reasons, the applicant may need to accept the delay, depending on the case circumstances.

Costs of Judicial Review for Citizenship Delays

If a decision is issued before the High Court hearing, the case becomes moot, and the applicant bears their own legal costs but is not liable for the Minister’s costs.
If the Minister defends the case and wins, the applicant may be liable for legal costs.

Key Precedent – Dana Salman v. Minister for Justice

In this case, a delay of 3 years and 9 months was challenged in the Supreme Court. The court ruled in favour of the applicant, awarding legal costs, as the Minister failed to provide a valid reason for the delay.

What Can You Do If Your Citizenship Application Is Delayed?

Initial Legal Assessment – Review your application and circumstances.
Warning Letter to the Minister – A formal request for a decision within a reasonable timeframe.
Judicial Review – If no decision is issued and no valid justification is provided, High Court proceedings can be initiated.

Our team has successfully handled numerous High Court Judicial Review cases related to Irish citizenship delays. If you are facing excessive delays, contact us today for expert legal assistance.

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