In order to acquire Irish citizenship by naturalisation, the Minister for Justice must be satisfied that you are of good character. The nature of the good character test was examined in the High Court case of Akande v MJE where Ferriter J. gave judgement last year.
Mr Akande unfortunately had a serious drug conviction and had received a substantial prison sentence. However, he had made a good rehabilitation and had been 10 years without a conviction. The Minister declined to grant citizenship because they were not satisfied that Mr Akande had good character.
The court said the Minister must consider all aspects of an applicant’s history and conduct; the nature, gravity and context of any past offending; mitigation, rehabilitation, and the passage of time; and current integration, employment, family life and contributions to society.
Once satisfied that the Minister has considered these factors, the court will not substitute its opinion for that of the Minister. Mr Akande failed to overturn the Minister’s refusal.
Does this mean that you cannot be naturalised if you have a conviction? No, you can still be approved but it is important to make a full presentation of all mitigating factors when applying.
Nor is a refusal on good character grounds a bar to future applications. The passage of time without ‘trouble’ is a factor that must be considered by the Minister when making the assessment.
If you would like to talk to us about Irish Citizenship or any other legal issue please email us info@mcgrathmullan.ie, call us at +353 (0) 1 873 5012 or contact us here.
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