The Minister has power under S.19 of the Citizenship Act, as amended, to revoke a certificate of naturalisation if he/she is satisfied the citizenship certificate was obtained through ‘’fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances’’.
Prior to revoking the certificate, the person must receive notice outlining the grounds as to why the certificate may be revoked and to give the person the opportunity to apply for an inquiry.
If the person elects for an inquiry, the Minister must then refer the matter to a Committee of Inquiry of persons the Minister deems appropriate and the inquiry chairman must have judicial experience.
If there is incorrect information specified on the application form, such as a date of birth, and citizenship certificate is granted, the Department will generally not provide an amended certificate.
The only avenue available to the aggrieved party who considers the error innocent and possibly concerns a non-material fact, is high court judicial review proceedings, if citizenship has been revoked.
You will need to attend with your solicitor to review the individual facts to advise you of your options.
If you have questions about citizenship, you can speak with an immigration lawyer on (01) 546 1121 or (052) 612 1999.
Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.