2. La crisi global dels mitjans
2.6. La crisi de credibilitat dels mitjans espanyols i catalans
2.6.4. El paper dels mitjans durant la Transició
Section 4.1.1 contains contextual information on the 2005 amendment to the
Constitution of Ireland on citizenship, the 2005 Irish Born Child Scheme, and the
2007 and 2009 renewals of that scheme.
4.5.1
Developments within the National Perspective
A total of 4,539 applications for naturalisation were approved during 2010, with
some 1,101 applications refused. A total of 20,723 applications were processed
during 2010, with 15,083 applications deemed to be invalid or ineligible. Overall,
some 25,796 applications for naturalisation were received during 2010 with 6,394
certificates issued.134
In November 2010 it was stated that almost half of the 26,100 persons who
applied for Irish citizenship in the 12 months up to 30 June 2010 had their forms
returned due to incorrect completion. It was also noted that the average
processing times for applications for citizenship was 26 months.135
4.5.1.1
Policy Recommendations
During 2010, much parliamentary debate continued to take place around the
granting of citizenship and naturalisation. NGOs such as the Immigrant Council of
Ireland (ICI) continued to campaign and advocate for changes in the area
including to call for the review of absolute discretion conferred on the Minister
for Justice and Law Reform to decide upon citizenship applications and of current
administrative procedures governing the processing of naturalisation
applications. In addition, the ICI called for all legally‐resident migrants (and their
families) to enjoy fair procedures when applying for long‐term residence or
citizenship.136
Following similar debates in previous years, in 2010 much media focus on the
refusal of applications for citizenship and naturalisation took place. Organisations
such as the ICI stated instances of persons refused citizenship for reasons such as
having penalty points on a driving licence or claiming disability benefit,137 and
that the State policy on citizenship needed a ‘rethink’. Calls for the adoption of
‘clear criteria’ regarding the granting of citizenship status were also made.
4.5.1.2
Case Law Regarding Naturalisation
Abuissa v. Minister for Justice, Equality and Law Reform, [2010] IEHC 366, High
Court, 1 July 2010.
The Applicant was a Palestinian national born in Libya who has been granted
refugee status. He applied to the Minister for naturalisation as an Irish citizen. His 134
Department of Justice and Law Reform (2011). Annual Report 2010. Available at www.justice.ie. 135
The Irish Times (15 November 2010). ‘12,900 citizenship forms ruled invalid’. Available at www.irishtimes.com. 136
Immigrant Council of Ireland (2010). ‘Long‐Term Residence and Citizenship’. Briefing Paper. Available at
www.immigrantcouncil.ie.
137
application was refused and no reason for the refusal was furnished to him. He
sought judicial review of the decision of the Minister refusing him a certificate of
naturalisation on the basis that the Minister’s failure to give reasons for his
refusal was unlawful, in that it made it impossible to determine whether the
Minister had accorded with his obligation to act fairly and in accordance with
natural or Constitutional justice.
The Court found that the Irish Naturalisation and Citizenship Act, 1956 gave the
Minister absolute discretion, and if the legislature had intended that the Minister
should provide reasons, it is highly unlikely that the words ‘absolute discretion’
would have been used. However, the Court recognised that the Minister’s
absolute discretion is fettered by the obligation to act fairly and in accordance
with the principles of natural justice.
The Court found that there was an important distinction between reviewing the
refusal by the Minister because an applicant was not in compliance with the
statutory conditions for naturalisation, where a refusal by the Minister does not
depend on his discretion, and the quite different proposition of reviewing a
decision taken by the Minister in his absolute discretion, which operates only
when statutory pre‐conditions are met. In the view of the Court, the first is
subject to judicial review while the latter decision where no reasons are provided
is only reviewable when it can be demonstrated that the Minister acted unfairly,
capriciously or mala fides.
The Court rejected the Applicant’s primary contention that the Minister must
provide reasons for his decisions to an otherwise qualified applicant, finding that,
as a general proposition, the courts do not review policy decisions in relation to
the issue of Irish passport to applicants of any particular nationality or political
adherence because such decisions are a feature of government policy over which
the Court has a limited review function. The Court further held that Article 34 of
the Geneva Convention 1951 had not been incorporated into Irish law and could
not be relied upon by the Applicant and that, in any event, Article 34 did not
mandate Contracting States to naturalise refugees, only to facilitate assimilation
and naturalisation as far as possible. The Court finally found that Section 18 of the
Freedom of Information Act, 1997 could not be taken as amending in a far
reaching way the Irish Nationality and Citizenship Acts, 1956 to 2004 and could
not require the Minister to give reasons for a refusal of naturalisation.
4.5.2
Developments from the EU Perspective
In Case C‐135/08 Rottmann of 2 March 2010, the Grand Chamber of the Court of
Justice held that it is not contrary to EU law for a Member State to withdraw from
a citizen of the European Union the nationality of that State acquired by
naturalisation when that nationality was obtained by deception, on condition
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