2008 In re Petition of Ieremiac'h Ventrutx (UC)

  

Din el Cort Pü Inalt
In the matter of
CITIZENSHIP PETITION OF IEREMIAC'H VENTRUTX
Petitioner {{{petitioner}}}
Decided
23 January 2008/XXIX
Brief of the ruling
{{{ruling}}}
Opinion of the Court delivered by
Justice Siervicül, joined by Senior Justice Metáiriâ and Justice Castiglhâ

Opinion

Petitioner, Ieremiac'h Ventrutx, has petitioned this Cort for the restoration of his citizenship and that of his children in the Kingdom of Talossa. We grant the petition with respect to S:reu Ventrutx and his three children who previously held Dandelion status.

FACTS

Petitioner became a Talossan citizen in March 1997/xviii. Between 1999/xx and 2003/xxiv, he had three children who became citizens by virtue of Article XVIII, Section 7 of the Organic Law. On 1 June 2004/xxv, Petitioner joined the Republic of Talossa, an action which by prior decision of this Cort was determined to be a renunciation of citizenship in the Kingdom of Talossa. He thereafter registered his children as Dandelions in the Republic of Talossa, which was determined by the Secretary of State to be a renunciation on their behalf of citizenship in the Kingdom of Talossa, and they were removed from the citizen rolls of the Kingdom of Talossa. Petitioner had a fourth child while in the Talossan Republic. On 17 January 2008/xxxix, after having renounced his affiliation with the Talossan Republic, Petitioner filed the instant petition to "restore my citizenship and that of my dandelion children for whom I speak."

LAW

Article XVIII, Section 11 of the Organic Law reads as follows:

A Citizen who has voluntarily renounced his citizenship (in any fashion) may petition the Uppermost Cort for a restoration of his citizenship. The petition should contain a "Why Talossa Hasn't Meant That Much To Me" Essay, explaining the reasons why he renounced his citizenship, and indicating how he intends to participate in Talossa in future. The Cort shall review the petition and may restore the person's citizenship by a majority vote. The Cort may impose such legal penalties as it shall determine, as penance for those people who renounce their citizenship and then return.

Article XVIII, Section 7 of the Organic Law reads as follows:

Children born after 1 January 1989/X, one (or both) of whose biological or adoptive parents is a Talossan citizen at the time of the birth, are native-born Talossan citizens ("Dandelions") and shall automatically have full voting rights when they register themselves with the Minister of Immigration on or after their 14th birthday. Notification shall consist of writing a "What Talossa Means to Me" Essay.

ANALYSIS

S:reu Ventrutx's petition complies on its face with the requirements of Article XVIII, Section 11. Since his children are minors and below voting age, and it is not within the notice of the Cort that his parental rights have been in any way impaired, we hold that he is the appropriate party to petition for restoration of their citizenship. Whether the relief should be granted, however, falls within the discretion of the Cort.

S:reu Ventrutx left the Kingdom at a tumultuous and trying time in Talossan history. His "Why Talossa Hasn't Meant That Much To Me" essay speaks to the extreme circumstances that lead to his decision to join the Republic. Considering those circumstances and his many years of contributions to the Talossan nation, we are confident that he will continue to be a valuable member of that nation if his citizenship in the Kingdom is restored. Section 11 permits the Cort to impose such penalties, as a condition of restoration of citizenship, as it thinks proper. In the interest of fostering reconciliation, and again considering the unusual and extreme circumstances that led to a sundering of the Talossan nation, we decline to impose any penalties.

The restoration of the citizenship of Petitioner's children who were Dandelions prior to his renunciation of Kingdom citizenship flows naturally from the restoration of Petitioner's own citizenship. Granting Dandelion status to Petitioner's youngest child, however, is beyond the power of this Cort. Section 7 of Article XVIII provides that children of Talossan parents are Dandelions if the parent "is a Talossan citizen at the time of the birth." Because Petitioner's youngest child was born after his 2004 renunciation and prior to his 2008 restoration, citizenship for said child would have to be accomplished through a statute, Prime Dictate, or OrgLaw amendment.

CONCLUSION

We hereby grant the petition of Ieremiac'h Ventrutx, and direct that the Chancery reinstate him and his three eldest children as citizens of the Kingdom of Talossa, according to their original dates of citizenship.