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Emma DeSouza and her US born husband Jake Niall Carson/PA Images

UK tribunal dismisses appeal against ruling that all NI citizens are automatically born British

The tribunal made its initial ruling following an appeal by the Home Office in October.

THE UK’S UPPER Tribunal has refused an application by Derry woman Emma DeSouza to appeal a ruling that people born in the North are automatically British citizens.

It follows a ruling by the tribunal in October, when the Home Office appealed a previous ruling by a lower immigration tribunal that de Souza was an “Irish national only who has only ever been such”.

The case came about after DeSouza applied for a residence card for her US-born husband Jake in 2015, but was told she had to apply as a British citizen because she was unable to do so as an Irish citizen.

DeSouza argued that she had never considered herself British, so could not renounce citizenship she never had, and also insisted that the Home Office position is contrary to the 1998 Good Friday Agreement.

However, UK government lawyers successfully argued that the British Nationality Act – not the Good Friday Agreement – was the relevant legislation. DeSouza announced at the time that she would appeal that ruling.

But today, the Upper Tribunal refused her application for an appeal, with Judge Rintoul stating that “the Belfast Agreement manifestly is not” a constitutional document.

Speaking about the latest ruling, DeSouza said the tribunal had failed to engage on the significance of Good Friday Agreement and the impact of its decision in October.

“We are deeply disappointed to be suffering a further set back. This decision will cost us both substantial hardship and expense as we now prepare to appeal directly to the Court of Appeal,” she added.

The Department of Foreign Affairs and Trade has previously said that Tánaiste Simon Coveney would raise the issue with the Secretary of State for Northern Ireland.

The Home Office also previously said that it is committed to upholding the Good Friday Agreement and that it respects the right of the people of Northern Ireland to choose to identify as British or Irish or both.

With reporting from Gráinne Ní Aodha.

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53 Comments
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    Mute Seamus MacIonnrachtaigh
    Favourite Seamus MacIonnrachtaigh
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    Dec 16th 2013, 11:36 AM

    In Ireland there are almost 100 empty houses for every homeless person.

    Funny, I don’t think Enda mentioned that last night.

    Threshold do excellent work but they really shouldn’t have to.

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    Mute John
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    Dec 16th 2013, 12:08 PM

    I think its disgusting to use the picture of a homeless child in the 3rd world to contrast against housing problems in this country. The child you have depicted doesn’t have access to social services or the care we take for granted in this country.

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    Mute Alfalfa T Boggins
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    Dec 16th 2013, 12:29 PM

    Send your child out to sleep on the street tonight and then tell us about the difference it is being homeless in Ireland tonight and being homeless in a third world country. At least in a 3rd world country they dont set their homeless on fire

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    Mute John
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    Dec 16th 2013, 12:31 PM

    Alfalfa. Go to India or Bangladesh and see how the people in the slums live, they’re treated like vermin, they exist on nothing. the rats in this country have a better quality of life.

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    Mute Alfalfa T Boggins
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    Dec 16th 2013, 12:37 PM

    Sorry John to me a homeless Child here in December is at risk as much any anyone anywhere. Most 12 year old’s are not aware of the services you speak about. Plus obviously no one would print a picture of a homeless child in Ireland, its too small a country.

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    Mute micheal285
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    Dec 16th 2013, 12:23 PM

    Maybe it’s the shape of things to come John ??

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    Mute John
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    Dec 16th 2013, 12:35 PM

    more than eight million Bangladeshis live on less than USD 2 a day. Its disgusting how people in our sheltered first world bubble compare their ‘hardships’ to the people of the 3rd world. We don’t know real hardship in this country. Open your eyes!

    http://www.doctorswithoutborders.org/news/article.cfm?id=4794

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    Mute Aunty Simmonite
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    Dec 16th 2013, 12:28 PM

    Contrast the few comments on this issue with the outpourings of the do-gooders on the earlier ‘racist’ item.

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    Mute Sinead Hanley
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    Dec 16th 2013, 1:04 PM

    John… Charity BEGINS at home.. I dont know what kind of a mind would think its ok for an Irish child to suffer a little bit.. Its ok to be cold and hungry and wet.. At least she isnt suffering like those in the third world..

    A child should be subjected to NO suffering.. no matter what part of the world you live in..

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    Mute Mitch Connor
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    Dec 18th 2013, 3:32 PM

    Gg

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    Mute Arpy O'hEigceartaigh
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    Dec 16th 2013, 4:34 PM

    “Suffer little children to come unto me”
    I say no more; think about it.

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    Mute John Allen
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    Dec 17th 2013, 1:49 PM

    fantastic work is being done in cork in regard to homeesess and your journal is doing a great job in high lightind the matter my em address is danielgreydog@yahoo.co.uk used to do a lot of hunting in glanmire woods happy christmas an the new year too god bless

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