New Appeal: Is the grant of citizenship within the unfettered discretion of the Minister for Justice and Equality?

In this determination, AP v Minister for Justice and Equality, the Supreme Court granted AP, a refugee from the Islamic Republic or Iran, leave to appeal against the Minister’s refusal to approve his application for citizenship on grounds of national security. The Court certified four questions, subject to refinement during case management:

Whether the grant of citizenship is within the unfettered discretion of the Minister for Justice and Equality and, if so, whether any procedures inure to the benefit of an applicant?

Whether national security issues need to be disclosed to an applicant for citizenship in such a way as to enable that applicant to meet, or at least make any relevant representations that may be thought appropriate, those concerns prior to any decision against a grant of citizenship is made?

Whether fairness of procedures demands that a decision internal to the Department of Justice and equality to refuse citizenship be reviewed externally and by what mechanism?

Whether the European Union Charter of Fundamental Rights and Freedoms governs the application for and refusal of citizenship by the Minister for Justice and Equality?

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