Supreme Court to hear expedited case on lawfulness of process to revoke citizenship



A significant case concerning the lawfulness of the process under which Irish citizenship can be revoked will be considered by the Supreme Court under an expedited process.

The Irish Human Rights and Equality Commission was today granted the role of amicus curiae in the case, Ali Charaf Damache v the Minister for Justice and Equality.

The case will question the lawfulness of the procedure to revoke citizenship as set out under the Irish Nationality and Citizenship Act 1956, and specifically section 19 of that law.

It will look specifically at the process around citizenship revocation, and questions of procedural safeguards, as well as consequences of loss of citizenship in relation to an individual’s other rights.

The outcome of this case is believed to potentially have an effect on at least 40 other similar matters.

Ali Damache, a naturalised Irish citizen, is currently serving a sentence in the US related to assisting a terrorist conspiracy. In October 2018, the Minister for Justice and Equality informed Mr Damache of his intention to revoke his Irish citizenship.

Laurence Bond, director of the Irish Human Rights and Equality Commission, said: “The Irish Human Rights and Equality Commission in exercising its role as amicus curiae is seeking to assist the Supreme Court in relation to its consideration of the constitutionality of the procedure to revoke citizenship under Irish law.

“In particular the Commission will seek to assist the Court on questions of procedural safeguards around the ministerial decision-making to revoke a person’s Irish citizenship.”



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