Irish Nationality and Citizenship Act, 1935

Revocation of certificate of naturalisation.

10.—(1) The Minister may at any time, on his own motion and at his absolute discretion, by order revoke any certificate of naturalisation issued under this Act.

(2) The Minister shall revoke a certificate of naturalisation whenever he is satisfied—

(a) that the issue of such certificate was procured by fraud, or by misrepresentation (whether fraudulent or innocent), or by concealment of material facts or circumstances, or

(b) that within five years after the issue of such certificate the person to whom such certificate relates was sentenced by any court (including a court in a country in which, by convention or by law, citizens of Saorstát Eireann enjoy or are entitled to enjoy the same status as citizens of such country) to a fine of not less than one hundred pounds or to imprisonment for a term of not less than twelve months or to penal servitude for any term, or

(c) that such person was not of good character at the date of the issue of such certificate, or

(d) that (except in the case of a person who has not attained the age of twenty-one years and the case of a person to whom the Executive Council have caused a certificate of naturalisation to be issued) such person has, for a continuous period of not less than seven years subsequent to the issue of such certificate, been ordinarily resident outside Saorstát Eireann (otherwise than in the course of employment in the service of the Government of Saorstát Eireann or as agent for or representative of a person resident or carrying on business in Saorstát Eireann) without maintaining substantial connection with Saorstát Eireann, or

(e) that such person is, under the law of a country which is at war with Saorstát Eireann, a citizen of such country.

(3) As soon as may be after the revocation of a certificate of naturalisation, the Minister shall publish in the Iris Oifigiúil notice of the revocation of such certificate.

(4) Whenever a certificate of naturalisation is revoked, the person to whom such certificate related shall deliver such certificate to the Minister within three months after such revocation, and if he fails so to do he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds and a further fine not exceeding one pound for every day during which such failure is continued.

(5) It shall be a good defence to a charge of having committed an offence under this section to prove that the certificate in relation to which such offence is alleged to have been committed has been destroyed.