The Supreme Court has allowed an appeal by U.M., a child born in County Galway, against decisions refusing him an Irish passport because the State considered him not to be an Irish citizen. The appeal concerned whether his father’s earlier residence in Ireland counted towards the statutory residence requirement for citizenship by birth, after the father’s refugee status was revoked over false or misleading information in his application.
U.M.’s father, M.M., an Afghan national, arrived in Ireland in April 2005 and was declared a refugee in July 2006. His declaration and permission to remain were renewed over the following years. M.M. had not disclosed that he had previously sought asylum in the United Kingdom. In June 2013, he was notified that the Minister for Justice intended to revoke his refugee status, with the notice specifying an effective date of 31 August 2013. He did not appeal that decision.
U.M. was born in June 2013. He applied for an Irish passport in February 2014, relying on his father’s residence in Ireland during the four years before his birth. The Minister for Foreign Affairs refused the application, and the refusal was upheld on review and appeal. The High Court and Court of Appeal later refused U.M.’s requests to quash those decisions and declare him an Irish citizen.
The Supreme Court considered the statutory scheme under which a child born in Ireland may qualify for citizenship where a parent was resident in Ireland for at least three of the four years before the birth. Some residence is excluded where it contravenes immigration law. The Court agreed with the Court of Appeal that the legislation does not impose a general additional requirement that residence be lawful, regular and bona fide; the key issue was the effect of revoking M.M.’s refugee declaration on whether his earlier residence could count.
The Court held that under the law applicable to this case, the Minister had discretion whether to revoke a refugee declaration obtained through false or misleading information. It concluded that a declaration remained valid and effective while it was in force, until formally revoked. The Court rejected the Court of Appeal’s conclusion that revocation in these circumstances rendered the declaration void from the outset. It noted that the revocation notice had stated a future effective date, although the appeal turned on the legal effect of revocation under the applicable legislation.
The Court allowed U.M.’s appeal. The judgment does not state that a passport was issued or make a separate order declaring him an Irish citizen; its conclusion was that the appeal against the earlier decisions should be allowed.