ISCR Case 01-06460.h1

Case Headnote

ISCR Case No. 01-06460.h1

deniedJul 20, 2001· Hon. Robert Robinson Gales· hearing

Summary

A 53-year-old American citizen was denied a security clearance under Guideline C (Foreign Preference) due to concerns regarding her dual Irish citizenship and possession of an Irish passport. The applicant obtained Irish citizenship and a passport based on her mother's birth in Ireland. Although she never used the Irish passport, she failed to surrender it or obtain official U.S. government approval for its use.

The Statement of Reasons alleged that the applicant applied for and received Irish citizenship and an Irish passport, which she did not surrender. While she expressed a willingness to renounce her Irish citizenship and invalidate the passport, she did not obtain official approval for the foreign passport's use. Disqualifying conditions E2.A3.1.2.1 and E2.A3.1.2.2 were raised, and mitigating conditions E2.A3.1.3.1 and E2.A3.1.3.4 were applied.

Ultimately, the clearance was denied because the applicant retained the Irish passport and did not surrender it or secure official U.S. government approval for its use. Her actions were deemed to indicate a preference for a foreign country, raising doubts about her allegiance to the United States, and her expressed willingness to renounce her Irish citizenship was not supported by action.

Why the Applicant Was Denied

The applicant retained an Irish passport and failed to surrender it or obtain official approval for its use from the U.S. government.
The applicant's actions indicated a preference for a foreign country over the United States, raising doubts about her allegiance.
The applicant's expressed willingness to renounce her Irish citizenship was not supported by action.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport

Mitigating

E2.A3.1.3.1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign CountryThe applicant's actions indicated a preference for Ireland over the U.S.
E2.A3.1.3.4rejectedIndividual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant's willingness was not accompanied by action to renounce her Irish citizenship.

Key Rule Quoted

“The possession and/or use of a foreign passport may be a disqualifying condition.”
— ASD/C3I memorandum

Procedural Posture

SOR issuedApr 16, 2001
Answer filedApr 26, 2001Applicant elected to proceed without a hearing.
Hearing held—Case decided on written record.
Decision dateJul 20, 2001

Cite For

Disqualifying Conditions Related to Foreign Preference Under Guideline C
Impact of Retaining a Foreign Passport on Security Clearance Eligibility
The Necessity of Official Approval for the Use of a Foreign Passport in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant applied for and received Irish citizenship based on her mother's Irish birth.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.b	The applicant obtained an Irish passport which she has never used.	Against Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—
1.c	The applicant failed to surrender the Irish passport.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—
1.d	The applicant has expressed a willingness to renounce her Irish citizenship and invalidate the Irish passport.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.e	The applicant has not obtained official approval for the foreign passport's use from the appropriate agency of the United States Government.	For Applicant	Failure to Renounce or Surrender Foreign Status	Unknown	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant applied for and received Irish citizenship based on her mother's Irish birth.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.b

The applicant obtained an Irish passport which she has never used.

Against Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

1.c

The applicant failed to surrender the Irish passport.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

1.d

The applicant has expressed a willingness to renounce her Irish citizenship and invalidate the Irish passport.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.e

The applicant has not obtained official approval for the foreign passport's use from the appropriate agency of the United States Government.

For Applicant

Failure to Renounce or Surrender Foreign Status

Unknown

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES