husband being detained with a view to deportation soon!

[JAJ]

Reading between the lines here but has he an Irish Passport I wonder?

I dunno about Irish immigration Law (or UK for that matter!) but assuming the OP is Irish, lives in UK, married the Algerian guy in UK, what is his immigration status exactly? Assuming they've never lived in Ireland can he get an Irish passport this way? Or is there more history we need to know?

Before November 2005 it was possible to obtain Irish citizenship by marriage without a residence requirement:
http://en.wikipedia.org/wiki/Irish_nationality_law

[juju]

yes, he does have an irish passport but it has been taken by an immigration officer and is apparently with his caseworker.

he is concerned that it will not be returned to him if he is deported or that the british gov will work with the irish gov to somehow withdraw his irish citizenship so that he can't return to europe and live in ireland. although, i saw the post earlier that said it was the property of the irish gov and that reassured him a little. this is probably paranoia but when you dont know for sure it's easy to imagine all sorts of things.

i think the advice is right about contacting the irish embassy and will get on with that. i got him a really good specialist solicitor through the advice of a charity which has made us more positive

[JAJ]

yes, he does have an irish passport but it has been taken by an immigration officer and is apparently with his caseworker.

he is concerned that it will not be returned to him if he is deported or that the british gov will work with the irish gov to somehow withdraw his irish citizenship so that he can't return to europe and live in ireland.

If he got his Irish citizenship through Post-Nuptial Declaration then it cannot legally be removed.

[Dawie]

The only way to be 100% sure that your husband won't have his Irish citizenship revoked is for him to renounce his Algerian citizenship. They could not then revoke his Irish citizenship as this would then leave him statless.

[JAJ]

The only way to be 100% sure that your husband won't have his Irish citizenship revoked is for him to renounce his Algerian citizenship. They could not then revoke his Irish citizenship as this would then leave him statless.

And the relevant clause of the Irish Nationality and Citizenship Act that's the basis for making that statement is .... ??

[Dawie]

It's international law.

[Christophe]

It's international law.

Yes, but national law does not necessarily permit people to have their citizenship taken away from them: I think that's the issue here. If Irish law does not allow this man's Irish citizenship to be taken from him, then his status as a citizen of another country, or not, is not relevant in this regard.

[ppron747]

It's international law.

Whcih particular bit of international law, Dawie?

[Dawie]

Whcih particular bit of international law, Dawie?

I refer you to the following document:

http://www.justiceinitiative.org/db/res ... e_id=16592

[JAJ]

Whcih particular bit of international law, Dawie?

I refer you to the following document:

http://www.justiceinitiative.org/db/res ... e_id=16592

Even if he's a dual citizen, what makes you think the Irish could legally revoke his citizenship in the first place?

Incidentally, international treaties are not enforceable in domestic law unless legislated for to that effect.

[Dawie]

Whcih particular bit of international law, Dawie?

I refer you to the following document:

http://www.justiceinitiative.org/db/res ... e_id=16592

Even if he's a dual citizen, what makes you think the Irish could legally revoke his citizenship in the first place?

Incidentally, international treaties are not enforceable in domestic law unless legislated for to that effect.

I didn't say that they would or could revoke his citizenship. I just mention it as a worst case scenario. In most countries (as is the case in the UK and many others) the Home Secretary (or equivalent) has far reaching powers to revoke a naturalised citizen's citizenship. However under international law as you can see in the document, leaving an individual stateless would be a violation of an individual's human rights.

In the case of this particular individual, if he were to renounce his Algerian citizenship AND by some unforeseen circumstance were to lose his Irish citizenship this would place the UK in a position where it has certain obligations to the individual which it might not want to be the case.

[ppron747]

So why didn't you say so, instead of just making a blanket statement that simply contradicted JAJ's previous post, without saying why?
(The question is rhetorical, incidentally, and does not call for a reply)

[JAJ]

However under international law as you can see in the document, leaving an individual stateless would be a violation of an individual's human rights.

Good luck to anyone wanting to try out this argument before a domestic court (good luck would be needed in abundance).

The Republic of Ireland has not signed the 1997 European Convention on Nationality, in any case (nor has the United Kingdom).

And you're raising fears that should be groundless, because there is no provision in Irish law for citizenship gained by marriage to be revoked.

You can look up the 1997 Convention, and the 1963 nationality convention that preceded it at http://conventions.coe.int

And the Republic of Ireland entered a specific reservation into its signature of the 1961 UN Convention on the Reduction of Statelessness allowing it to deprive a naturalised Irish citizen of citizenship in certain circumstances. The United Kingdom entered a similar reservation.
http://www.unhchr.ch/html/menu3/b/treaty4_.htm

[juju]

it crossed my mind too about renouncing his algerian citizenship and i made enquiries with the algerian consultate in london but that is something they said could only be done from algeria. if he was there due to deportation i think it would be too late then.

thanks again everyone whose taken time to reply

[Christophe]

What is the latest news, if any?

[JAJ]

it crossed my mind too about renouncing his algerian citizenship and i made enquiries with the algerian consultate in london

With the greatest of respect, it would be a lot more productive to talk to the Irish Embassy in London.

but that is something they said could only be done from algeria. if he was there due to deportation i think it would be too late then.

Many Middle Eastern and North African countries do not allow their citizens to renounce their citizenship. You need to be aware that if your husband does end up in Algeria, there will be little or nothing that the Irish consular authorities can do to protect him if the Algerians try to force him to do military service, put him in prison, or otherwise prevent him from leaving.

[juju]

What is the latest news, if any?

Just waiting for the hearing in August and am in touch with the Irish Embassy but no news yet