Irish Nationality and Citizenship Act 1956
Revocation of certificates of naturalisation.
19. —(1) The Minister may revoke a certificate of naturalisation if he is satisfied—
F54[(1A) Where the Minister is satisfied that one or more of the grounds specified in subsection (1) exists, the Minister shall, prior to revoking a certificate of naturalisation under this section, give the person to whom the certificate of naturalisation was granted such notice as may be prescribed of the Minister’s intention to revoke the certificate of naturalisation (in this section referred to as a ‘notice of intention to revoke’).
(1B) A notice of intention to revoke shall—
(a) inform the person of—
(i) the Minister’s intention to revoke the certificate of naturalisation, and
(ii) subject to subsection (1O), the reasons for the opinion of the Minister referred to in subsection (1A),
and
(b) include a statement of the effect of subsection (1D).
(1C) A person to whom a notice of intention to revoke is given may, within the period of 28 days beginning on the date the notice of intention to revoke is given to the person, make representations in writing to the Minister regarding the intended revocation.
(1D) After the expiry of the period referred to in subsection (1C), the Minister shall—
(a) decide whether to revoke the certificate and in making that decision shall have regard to the representations, if any, made by the person under that subsection, and
(b) give the person concerned a notification in writing of his or her decision.
(1E) Where the Minister decides under subsection (1D) to revoke the certificate of naturalisation, the notification under paragraph (b) of that subsection shall—
(a) include a statement informing the person of—
(i) the Minister’s decision to revoke the certificate,
(ii) subject to subsection (1O), the reasons for the decision, and
(iii) the right of the person under subsection (1F) to request that an inquiry be held into the decision,and(b) include a statement of the effect of subsection (1J).
(1F) A person who is the subject of a notification to which subsection (1E) applies may, in the prescribed manner and within the period of 14 days beginning on the date on which the notice is given to the person, request that an inquiry be held into the Minister’s decision to revoke his or her certificate of naturalisation.
(1G) The Minister, on receipt of a request made in accordance with subsection (1F), shall appoint a Committee of Inquiry to hold an inquiry into the decision to revoke the certificate of naturalisation concerned.
(1H) A Committee of Inquiry appointed under subsection (1G) shall consist of the following members:
(a) a chairperson, who shall be a retired Judge of the Circuit Court, the High Court, the Court of Appeal or the Supreme Court, and
(b) 2 ordinary members, being persons with such experience and qualifications as the Minister considers appropriate having regard to the functions of the Committee of Inquiry.
(1I) A Committee of Inquiry shall be independent in the performance of its functions.
(1J) Where a person does not, within the period specified in subsection (1F), request that an inquiry be held into the Minister’s decision to revoke the certificate of naturalisation, the revocation of the certificate of naturalisation shall take effect 14 days after the date the notice is given to the person.
(1K) A Committee of Inquiry shall consider the Minister’s decision to revoke the certificate of naturalisation, and may in accordance with subsection (1L) decide to—
(a) affirm the decision, or
(b) set aside the decision.
(1L) In arriving at its decision under subsection (1K), a Committee of Inquiry shall have regard to—
(a) the reasons for which the Minister made the decision to revoke the certificate of naturalisation,
(b) any representations made by the person to the Minister under subsection (1C),
(c) any submissions made or information provided (where applicable, in accordance with regulations under subsection (1P)) to the Committee by the Minister or person concerned,
(d) where an oral hearing is held, the evidence adduced and any submissions made by the Minister or the person concerned at the hearing, and
(e) any other circumstances or matters that the Committee considers relevant.
(1M) Where a Committee of Inquiry decides under paragraph (a) of subsection (1K) to affirm the decision of the Minister to revoke the certificate of naturalisation—
(a) the Committee of Inquiry shall—
(i) give the person a notification in writing which shall include a statement informing the person of—
(I) its decision,
(II) subject to subsection (1O), the reasons for the decision, and
(III) the effect of paragraph (b),
and
(ii) inform the Minister of its decision and of the reasons for its decision,
and
(b) the revocation shall take effect 3 days after the date on which the notification under paragraph (a)(i) is given to the person.
(1N) Where a Committee of Inquiry decides under paragraph (b) of subsection (1K) to set aside the decision of the Minister to revoke the certificate of naturalisation, the Committee of Inquiry shall—
(a) give the person a notification in writing of its decision, and
(b) inform the Minister of its decision.
(1O) Subsections (1B)(a)(ii), (1E)(a)(ii) and (1M)(a)(i)(II) shall not apply where the Minister or the Committee of Inquiry, as the case may be, considers that specifying the reasons for the decision would be contrary to the interests of national security.
(1P) The Minister may, in consultation with the chairperson of the Committee of Inquiry and having regard to the need to observe fair procedures, prescribe procedures for and in relation to an inquiry under this section, including the circumstances in which oral hearings may be held.]
(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 F55[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 F56[act, other than marriage or entry into a civil partnership,] acquired another citizenship.
(2) F57[…]
(3) F57[…]
(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:
F54
Inserted (7.04.25) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s.3(b), S.I. No. 121 of 2025.
F55
Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 8, S.I. No. 128 of 2002.
F56
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(f), commenced on enactment.
F57
Declared unconstitutional (10.02.2021) by Damache v The Minister for Justice and Equality, Ireland and the Attorney General [2021] IESC 6 (Dunne J).