Written answers

Thursday, 15 December 2005

Department of Justice, Equality and Law Reform

Citizenship Applications

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 295: To ask the Minister for Justice, Equality and Law Reform the status of application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [39946/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person referred to by the Deputy arrived in the State in December 1996 and claimed asylum. That application was refused in June 1997 and leave to remain in the State was granted to her as an exceptional measure. An application for a certificate of naturalisation by the person concerned was received in the citizenship section of my Department on 4 December 2001. I considered this application on 26 August 2004 and decided not to grant a certificate of naturalisation. The basis for the refusal of this application was set out in detail in a letter dated 8 October 2004 to the applicant informing her of my decision.

I have informed this House on a number of occasions that I have adopted a general policy that applicants for naturalisation, other than refugees and stateless persons, should have been supporting themselves and their families without recourse to State support for a three year period prior to applying for naturalisation and that, furthermore, they can show, as far as is practicable, that they have the capacity of supporting themselves into the future.

Inquiries by my officials revealed that the person concerned, who was neither a refugee nor stateless person, had been in receipt of various State supports, including rent allowance, unemployment assistance and one-parent family payment, almost continuously during the period 1999 to 2004.

I was of the view that there were no circumstances disclosed on the case file of the person concerned to lead me to depart from my general policy in the particular case and I decided to refuse the application.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 296: To ask the Minister for Justice, Equality and Law Reform the legal basis for refusing citizenship to non-nationals living here by virtue of disqualification of their applications; if these persons previously received any State support such as rent allowance, unemployment assistance, unemployment benefit or other statutory entitlements for which persons in this situation might ordinarily qualify; if his attention has been drawn to the fact that such decisions challenge both national and international law; and if he will make a statement on the matter. [39947/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The main point that must be made is that the acquisition of Irish citizenship through the naturalisation process is a privilege, not a right. The discretionary nature of the naturalisation process is in keeping with international practice. Thus, it is not the case that a person who has been resident here has, after a period of time, or even an extended period of time, a right to naturalisation. In fact, it has been the case since 1935 that all decisions on naturalisation, even where all of the statutory conditions for naturalisation have been fulfilled, are expressed to be at the "absolute discretion" of the Minister for Justice, Equality and Law Reform. This is the legal basis for the granting or refusing of an application for a certificate of naturalisation.

Since the Deputy has not provided details of any particular case or cases that he is concerned about, I can only deal with the matters he has raised on a general basis.

I have informed the House on a number of occasions that, in exercising the powers bestowed on the Minister for Justice, Equality and Law Reform by the Oireachtas in the Irish Nationality and Citizenship Act, I have adopted a general policy that applicants for naturalisation, other than refugees and stateless persons, should have been supporting themselves and their families without recourse to State support for a three year period prior to applying for naturalisation. Furthermore, such persons must show, as far as is practicable, that they have the capacity to support themselves into the future. I apply this general policy to all applications for naturalisation unless the exceptional circumstances of a particular case suggest otherwise. I have no plans to review this policy at the present time.

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