Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 559: To ask the Minister for Justice, Equality and Law Reform further to correspondence (details supplied) if he will furnish a response to the query raised; and if he will make a statement on the matter. [33039/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 30 August 2005. The application was deemed ineligible on the basis that the person concerned did not meet the statutory residency criteria set out in the Irish Nationality and Citizenship Act 1956, as amended. This decision was communicated to the person referred to by the Deputy in September 2005.

I understand the subject matter of the recent correspondence from the Deputy stated there were delays in the renewal of the person's work permit, leading to delays in the renewal of his residency permission. However, the Act provides that in determining residency for the purposes of naturalisation, no period shall be reckoned where the applicant did not have the permission of the Minister for Justice, Equality and Law Reform to remain in the State. This particular statutory provision does not provide for the reasons that such permission not be taken into account.

I further understand the latest permission to remain of the person concerned expired in August 2005 and that he has not yet applied to his local immigration officer to renew this permission. Unfortunately, the consequence of this is that he cannot now comply with the statutory provision of having 12 months continuous reckonable residence prior to the date of application until October 2006 at least and that is dependant on him renewing his permission before the end of this month.