Chuinneagain (Caoimhe Ni) Application for leave to apply for Judicial Review and in the matter of the British Nationality Act 1981
| Jurisdiction | Northern Ireland |
| Judge | Scoffield J |
| Judgment Date | 24 September 2021 |
| Neutral Citation | [2021] NIQB 79 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 24 September 2021 |
1
Neutral Citation No: [2021] NIQB 79
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: SCO11616
ICOS No: 20/050867/01
Delivered: 24/09/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF APPLICATION BY CAOIMHE NÍ CHUINNEAGAIN
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF THE BRITISH NATIONALITY ACT 1981
___________
Ronan Lavery QC and Mark Bassett (instructed by Brentnall Legal) for the applicant
David Blundell QC and Yaaser Vanderman (instructed by the Crown Solicitor’s Office)
for the proposed respondent
___________
SCOFFIELD J
Introduction
[1] This is an application for leave to apply for judicial review by which the
applicant, who was born and lives in Northern Ireland, seeks to challenge certain
provisions of the British Nationality Act 1981 (‘the 1981 Act’) as incompatible with
her Convention rights and certain provisions of EU law. When the proceedings
were commenced, the applicant was under 18 years of age, although she has recently
attained the age of majority. The focus of the challenge is the fact that, at birth, the
applicant had British citizenship automatically conferred upon her and that,
although she is able to renounce that citizenship, she was not able to do so until
having attained the age of 18 and, even then, has to pay a fee for so doing. The
applicant wishes (and wished) to be, and be recognised as, an Irish citizen only.
[2] The proposed respondent to the proceedings is the Secretary of State for the
Home Department, who is the Minister of the Crown with responsibility for
citizenship and immigration matters, including the 1981 Act.
To continue reading
Request your trial
5 cases
-
Safe Electricity A&T Limited and Patrick Woods Application for Judicial Review and in the matter of decisions of The Minister for the Department for Infrastructure and The Executive Office
...is an aid to the interpretation of the NIA but is not enforceable as a matter of domestic law: see Ni Chuinneagain’s Application [2021] NIQB 79 at paragraph [23]. The St Andrews Agreement does not appear to share the same status as the Belfast Agreement, which is backed up by an associated ......
-
McGuigan's (Dolores) Application (Leave stage) and In the matter of a decision of the Department for Communities
...to show “an arguable ground for judicial review of which there is a realistic prospect of success.” [11] In Re Chuinneagain Application [2021] NIQB 79 at paragraph [14] Scoffield J stated as follows: “[14] This formulation of the test for the grant of leave was adopted by the Court of Appea......
-
O'Murchu's (Risteard) Application for Judicial Review and The Department of Health for Northern Ireland
...the view of Scoffield J in the case of In the matter of an Application by Caoimhe ni Chuinneagain for leave to apply for Judicial Review [2021] NIQB 79 when he said at paragraph [14]: “[14] … I propose therefore to address the issue of the grant of leave on the basis of whether the applican......
-
JR230's (A Minor) Application
...of Governors, addressing whether they are arguable grounds with a realistic prospect of success (see Re Ni Chuinneagain’s Application [2021] NIQB 79 at paras [14]-[15]). Illegality and para 5.8 of the Scheme [31] The applicant contends that the proposed respondent has misdirected itself and......
Request a trial to view additional results