Bernard Durkan (Kildare North, Fine Gael)
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Question 242: To ask the Minister for Justice, Equality and Law Reform if he will reconsider under other criteria an application for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [6245/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am advised by officials in the citizenship section of my Department that there is no record of an application for naturalisation having been received from the person referred to by the Deputy.

The person concerned arrived in the State in November 2001 and claimed asylum. Her application was refused in September 2002 and an appeal against this decision was refused in June 2003. She subsequently applied for permission to remain in the State on foot of her parentage of a child born in Ireland on 1 January 2005.

The Irish Nationality and Citizenship Act 2004, which came into operation on 1 January 2005, provided for significant changes in the eligibility to Irish citizenship of persons born in the island of Ireland. On the basis that the person concerned gave birth to a child on 1 January 2005, it was necessary for her to have been resident in the State for three years in the four year period prior to the date of birth of the child. Time spent in the State without the permission of the Minister for Justice, Equality and Law Reform or where such permission was for the purposes of seeking asylum does not reckon for this purpose.

Since the person concerned was in the asylum process until June 2003, she did not satisfy the three year residency requirement at the time of the child's birth and the child is not entitled to Irish citizenship. There can be no question, therefore, of the person concerned obtaining leave to remain solely on foot of the birth of this child. Furthermore, the person concerned is not eligible for naturalisation.

Bernard Durkan (Kildare North, Fine Gael)
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Question 243: To ask the Minister for Justice, Equality and Law Reform the position in respect of an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [6246/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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In my response to Question No. 1189 of 25 January 2006, I informed the Deputy that my officials had sought clarification on aspects of the declaration lodged by the person concerned.

Although a response was recently received through the Deputy's office, the information contained therein does not satisfactorily resolve the matter. It appears that the person concerned and her husband have been living in different jurisdictions for most of their married lives and my officials wish to be satisfied that the couple were living together as husband and wife at the time the person concerned lodged a declaration of post-nuptial citizenship on 4 February 2005. The information provided to date is not satisfactory in this regard.

My officials are in the process of writing again to the person concerned with a view to having this matter resolved as quickly as possible.