Arthur Morgan (Louth, Sinn Fein)
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Question 516: To ask the Minister for Justice, Equality and Law Reform when the application by a person (details supplied) in County Louth for naturalisation will be processed; this person's status; and if he will make a statement on the matter. [9288/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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An application for a certificate of naturalisation was received in the citizenship section of my Department on 1 April 2003 from the person referred to by the Deputy.

Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that an applicant for naturalisation must have one year's period of residence in the State before the date of the application and a total of four years' residence in the State in the eight preceding that period. For the purposes of calculating this residency, no period may be reckoned in respect of which a non-national either was required to have the permission of the Minister to remain in the State but did not have such permission or had permission to remain for the purpose of study or for the purpose of seeking to be recognised as a refugee within the meaning of the Refugee Act 1996.

The person concerned did not comply with the above residency criteria at the time he submitted his application. His solicitors were informed of this in writing on 2 February 2005. The person in question is a person who is, for all purposes, unlawfully resident in the State within the meaning of section 5 of the Immigration Act 2004.