Oireachtas Joint and Select Committees

Wednesday, 4 December 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Citizenship Rights and DeSouza Judgment: Discussion

Ms Emma DeSouza:

The change came in in 2012, through a case called McCarthy. This was a case that had nothing to do with the Good Friday Agreement. It was a British citizen, born in Britain who had got an Irish passport through descent and had attempted to stabilise their spouse's status through the EEA system, and had taken this up to the ECJ. It went against them, and the Home Office then clung on to that ruling and used that in Northern Ireland in a way that is not in line with the Good Friday Agreement.

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