The Minister of Justice has an absolute discretion to naturalize a person as an Irish citizen.
The person must satisfy the conditions of naturalisation as specified in the Irish Nationality and Citizenship Act 1956, as amended.
Notwithstanding the Minister has an absolute discretion with respect to the application decision, persons still have the right to fair procedures and access to justice.
Reasons for a citizenship application refusal should be furnished to the applicant.
One of the conditions arising from which a citizenship application can be refused is good character, for example.
Under the Citizenship Acts legislation it is an offence to knowingly or recklessly make (whether in the State or outside the State)—
(a) a declaration under this Act, or
(b) a statement for the purposes of any application under this Act, that is false or misleading in any material respect shall be guilty of an offence and shall be liable—
(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.
The documents provided with an application must be authentic.
If the documents provided with an application are not authentic the decision maker may refuse an application based on the good character condition.
If this arises the person will need legal advice for a consideration of their legal options.
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Disclaimer
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