An attempt to shake the requirement that a person not be absent from the State for more than 70 days (extendable to 100 days in exceptional circumstances) has fallen at the first hurdle.
In a decision 25th July 2025, Ms. Justice Siobhán Phelan refused Bulent Hicsonmez’s application for leave to proceed with judicial review. Mr Hicsonmez’s application for naturalisation had been rejected because he had been absent for more than 117 days in the year prior to his application.
The argument that the application of Section 15C of the Irish Nationality and Citizenship Act, (the amendment was introduced in 2023), was retrospective was misconceived. The court held that the provision applied prospectively to applications made after its commencement on July 31, 2023, and the applicant’s application was submitted in June 2024, well after the provision came into effect.
The court rejected the argument that the Minister had discretion to waive the statutory conditions under Section 15C. It clarified that the Minister’s discretion only arises if the statutory conditions are met, and the applicant’s absences far exceeded the allowable limits.
What is not so clear is whether absences from the State in the other years prior to the application will cause an application to fail. The application form still asks about all absences. It would be wise to limit absences to less than 70 days where possible, in every year of the five prior to the application to be sure and not just the final year.
If you would like to discuss this or any other legal matter, please email McGrath Mullan’s office info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012
More Legal News from McGrath Mullan LLP:
- Family reunification for spouses and partners of Irish nationals: What you need to know?
- Probate: 10 steps to kick-start the administration process
- Spouse of an Irish Citizen Visa Application
- Eligibility for a Stamp 4 EUFAM application based on marriage or de facto partnership with an EEA National
- Employment Permits for Circus Artistes in Ireland: Key changes coming from November 2025
- Green Leases