Bernard Durkan (Kildare North, Fine Gael)
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Question 213: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for post nuptial naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8775/06]

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 12 July 2005. His application was examined shortly after receipt and it was determined that he did not have the required reckonable residency and was, therefore, ineligible for naturalisation. The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of a non-national applicant who is the spouse of an Irish citizen those conditions are that the applicant must be of full age; be of good character; be married to the Irish citizen for at least three years; be in a marriage recognised under the laws of the State as subsisting; be living together as husband and wife with the Irish spouse; have had a period of one year's continuous residency in the island of Ireland immediately before the date of the application and, during the four years immediately preceding that period, have had a total residence in the island of Ireland amounting to two years; intend in good faith to continue to reside in the island of Ireland after naturalisation; and have made, before a judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State. The individual concerned and his wife were married on 5 March 2004. The earliest he is eligible to apply for naturalisation is 5 March 2007, provided he has been resident in the island of Ireland continuously during that three-year period.

Bernard Durkan (Kildare North, Fine Gael)
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Question 214: To ask the Minister for Justice, Equality and Law Reform when he is likely to again accept an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8776/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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On the basis that the reference number included in the details accompanying the question is a naturalisation application reference number, I have assumed the Deputy is seeking clarification regarding an application for naturalisation by the person concerned. An application for a certificate of naturalisation from the person concerned was received in the citizenship section of my Department on 11 June 2004. This application was examined in February 2006 and it was determined that the individual concerned did not have appropriate reckonable residency for the purposes of naturalisation. He arrived in the State in October 1999 and obtained permission to remain for study purposes from the time of his arrival until September 2001 and for periods between March 2003 and May 2004. Time spent in the State for the purposes of study cannot be reckoned for naturalisation purposes and, consequently, at the time of his application in June 2004, the person concerned had a total of 16 months reckonable residence, well short of the necessary five years. He was informed he did not meet the statutory residency criteria by letter on 22 February last. The person concerned is still residing in the State for the purposes of study and his current permission expires on 30 September 2006. It is unlikely, therefore, that he will be eligible for naturalisation in the near future.

Bernard Durkan (Kildare North, Fine Gael)
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Question 215: To ask the Minister for Justice, Equality and Law Reform if he has studied the medical evidence and other information provided in the course of the raising of the matter on the adjournment of Dáil Éireann in the case of a person (details supplied) in County Dublin with particular reference to the medical evidence to the effect that it was and is unsafe to move this patient from hospital at the present time; if his attention has been drawn to the fact that the person in question cannot be expected to present at a Garda station; and if he will make a statement on the matter. [8777/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my replies to Questions Nos. 149, 181 and 249 on Thursday, 26 January 2006, Thursday, 9 February 2006 and Thursday, 16 February 2006, respectively, and the adjournment debate on Thursday, 23 February 2006, regarding this case. I reiterate that I am not disputing this person's medical reports presented by her legal representative, the Refugee Legal Service, but medical reasons alone are not criteria under the Dublin II regulation for processing her asylum claim in Ireland. As I stated in my previous replies, this person's transfer will be dealt with in a sympathetic and humane way when she is discharged from hospital. Her medical needs will be fully taken account of in arranging the transfer. In this regard, I have requested her legal representative to keep the Garda national immigration bureau informed of her up-to-date medical condition and whereabouts for the purpose of arranging the transfer. If necessary, medical escorts to accompany her on the flight will be provided. The Belgian authorities will also be notified in advance of her condition so that suitable reception arrangements can be made for her.

Bernard Durkan (Kildare North, Fine Gael)
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Question 216: To ask the Minister for Justice, Equality and Law Reform the residential status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [8778/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question made an application for permission to remain in Ireland on the basis of being the parent of an Irish-born child, born before 1 January 2005, under the revised arrangements I announced on 15 January 2005. This application was submitted in March 2005. The application is being processed and I will notify the Deputy as soon as the outcome is known.

Bernard Durkan (Kildare North, Fine Gael)
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Question 217: To ask the Minister for Justice, Equality and Law Reform the residential status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [8779/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned claimed asylum in the State on 29 October 2002 and had his claim examined by the offices of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, following which it was recommended that he should be recognised as a refugee. Based on this recommendation, the person concerned was advised of my decision to issue him with a formal declaration of refugee status by letter dated 29 April 2004. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State. The person concerned continues to hold the status of refugee in the State.

Bernard Durkan (Kildare North, Fine Gael)
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Question 218: To ask the Minister for Justice, Equality and Law Reform the residential status in the case of persons (details supplied) in County Kerry; and if he will make a statement on the matter. [8780/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons in question applied for permission to remain in Ireland on the basis of being the parents of an Irish-born child, born before 1 January 2005, in accordance with the revised arrangements I announced on 15 January 2005. One of the requirements for permission to remain in the State under the revised arrangements, is that the parents must have been continuously resident in the State since the date of birth of their Irish-born child. The child in question was born on 10 March 2004, but neither of the parents has submitted evidence of continuous residence from that time until the date they submitted their applications in March 2005. Accordingly, their applications did not meet the requirements of the revised arrangements and were refused.