Damache Implications for Citizenship

Recently the Irish Supreme court made a ruling in the Damache case.

Mr Damache was sentenced in an American court for terrorism related offences in 2018. In the same year the Minister for Justice informed Mr Damache that his Irish Citizenship would be revoked on grounds of disloyalty to the Irish State.

Mr Damache appealed this decision and the case found its way to the Supreme court.

In October 2020 Dunne J. handed down a ruling stating that S19 of the Irish Nationality and Citizenship Act 1956 did not meet the required grounds of natural justice due to the ramifications of having citizenship revoked. Natural justice is a judicial term used at times to invoke rights perhaps not explicitly enshrined in law or the constitution, but may be antecedent to both.

Dunne J. noted that the decision maker in revoking citizenship must be impartial, a standard not presently met.

The full implications of this ruling remain to be seen, however it is potentially a significant departure from the current status quo.

If you feel that this issue may effect you, or if you have any concerns about citizenship or your immigration matters, then please contact our office for a consultation.

About the author: James Watters