Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Question 280: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on application for naturalisation for a person (details supplied) in County Kilkenny. [24020/04]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

An application for naturalisation from the person referred to by the Deputy was first received in the citizenship section of my Department in July 2003. An initial examination disclosed that the application was not fully completed and consequently it was returned to the applicant. A correctly completed application was received on 23 September 2003.

The average processing time for an application for naturalisation is currently 24 months. Consequently, it is anticipated that the application of the individual concerned will be finalised around September 2005. I will inform the Deputy and the applicant concerned as soon as I have reached a decision in this case.

Paul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context

Question 281: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on granting Irish citizenship to persons (details supplied); and if he will make a statement on the matter. [24065/04]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The persons concerned arrived in the State and made an asylum application on 5 October 2001. On 19 November 2001 the wife gave birth. Both subsequently withdrew their asylum applications and applied for residency on the basis of parentage of the Irish born child.

Following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including the case to which the Deputy refers.

Since the persons in question do not have an alternative legal basis for remaining in this jurisdiction, the issue of permission to remain will be considered but only in the context of a ministerial proposal to deport them. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order, they will be given leave to remain on a humanitarian basis. As a result of the large number of such cases on hand, I am unable to say at this stage when the file will be examined.