Irish Nationality and Citizenship Act 1956

Revocation of certificates of naturalisation.

19

19. —(1) The Minister may revoke a certificate of naturalisation if he is satisfied—

(a) that the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances, or

(b) that the person to whom it was granted has, by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State, or

(c) that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily F40[resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland] (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or

(d) that the person to whom it is granted is also, under the law of a country at war with the State, a citizen of that country, or

(e) that the person to whom it is granted has by any voluntary F41[act, other than marriage or entry into a civil partnership,] acquired another citizenship.

(2) F42[]

(3) F42[]

(4) Where there is entered in a certificate of naturalisation granted to a person under the Act of 1935 the name of any child of that person, such entry shall for the purposes of this Act be deemed to be a certificate of naturalisation under the Act of 1935.

(5) A certificate of naturalisation granted or deemed under subsection (4) to have been granted under the Act of 1935 may be revoked in accordance with the provisions of this section and, upon such revocation, the person concerned shall cease to be an Irish citizen.

(6) Notice of the revocation of a certificate of naturalisation shall be published in Iris Oifigiúil.

Annotations:

Amendments:

F40

Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 8, S.I. No. 128 of 2002.

F41

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(f), commenced on enactment.

F42

Declared unconstitutional (10.02.2021) by Damache v The Minister for Justice and Equality, Ireland and the Attorney General [2021] IESC 6 (Dunne J).