the requirement to be 'continuously resident' in Ireland the year before applying for citizenship, means an applicant must literally NEVER LEAVE THE STATE. Not even for one day. Not even to enter Northern Ireland (an impossibility for many persons living by the border). (2/10)
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They must have entirely uninterrupted residence in Ireland. The case was challenging the policy applied by the Minister that a person could not be outside the State for more than 6 weeks. The Court ruled the Minister has no power to apply this policy + must apply (3/10)
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a ZERO days absence rule for the year before application. This will immediately impact on all outstanding applications which don't meet this absurd standard. The Court says its interpretation is not absurd - I respectfully and strongly disagree. (4/10)
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International travel, travel between North + South, business travel, academic travel, visiting family + friends, saying hello to new family members, paying respect to the departed: these are all part & parcel of all our lives. Migrants, refugees, cross border/int'l workers (5/10)
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are no less committed to Ireland because they live normal lives in a globalised world. It is absurd to require a person to be detained within the State for an entire year in order to qualify for Irish citizenship. This, I believe, was not the intention of the Oireachtas. (6/10)
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And while an appeal could possibly/hopefully overturn this judgment, in fact is the surest way to solve the situation to change the law? Then we may be left, we can imagine, with a statutory 6 weeks max absence which in itself is problematic in today's globalised world. (7/10)
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That last year of residence needs to always be assessed in the wider context that the person ALSO has at least another 4+ years of residence in the State (in most cases). Individual circumstances will illuminate whether the applicant is an Irish resident and can allow a (8/10)
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legitimate refusal where residence is very much part time and flighty. Otherwise, a strict application of the rules can alienate and exclude committed members of our society who rightly want to enjoy the family of Irish citizens. (9/10)
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This is contrary to everything we should be working for to promote a positive, diverse and welcoming society. Céad Míle Fáilte Romhat (unless you went shopping in Newry that one time....)
@philipleelaw@immigrationIRL@IrishRefugeeCo@NascIreland (10/10).Show this thread -
Thanks to
@wendylyon for flagging the judgement this morning. As you note, very concerning indeed...Show this thread
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