Written answers

Thursday, 9 December 2021

Department of Justice and Equality

Citizenship Applications

Photo of Michael LowryMichael Lowry (Tipperary, Independent)
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282. To ask the Tánaiste and Minister for Justice and Equality if her Department will review an application for naturalisation and citizenship in the case of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [60893/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

There is no review mechanism of citizenship decisions. However, in the past, officials of my Department have met applicants to explain the decision making process relating to Irish Associations. It is open to the person referred to by the Deputy to request such a meeting with my officials, and any such request will be carefully considered. It also remains open to the person concerned to submit a new application at any time.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended gives the Minister the absolute discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).

As set out under Section 16 of the Irish Nationality and Citizenship Act 1956:

Section 16; (2) For the purposes of this section a person is of Irish associations if:

(a) he or she is related by blood, affinity or adoption to, or is the civil partner of, a person who is an Irish citizen or entitled to be an Irish citizen, or

(b) he or she was related by blood, affinity or adoption to, or was the civil partner of, a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.

There is no right or entitlement to have any of the statutory conditions waived, even where the applicant comes within the certain circumstances defined. The policy is that these powers should only be used sparingly and in exceptional and compelling circumstances, particularly where other viable pathways to naturalisation are available to an applicant under the Act. To do otherwise would be manifestly unfair to the thousands of other applicants who apply annually, having satisfied the statutory criteria under Section 15 of the Act.

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