Bernard Durkan (Kildare North, Fine Gael)
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Question 200: To ask the Minister for Justice, Equality and Law Reform the position on the application for naturalisation in the case of a person (details supplied) in County Kildare who with their family has lived and worked here since 1998; and if he will make a statement on the matter. [10012/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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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. Those conditions are that the applicant must be of full age, or by way of exception, be a minor born in the State; be of good character; have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; and have made, either 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.

It should be noted that in the context of naturalisation certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996.

The person referred to by the Deputy arrived in the State in March 1998 and claimed asylum. That application was refused in June 1999. An appeal against that decision was lodged in July 1999 but was withdrawn in August 1999. Permission to remain in the State on foot of parentage of an Irish born child was granted on 26 August 1999.

The person concerned applied for a certificate of naturalisation in December 2002. Since he did not meet the statutory residency requirement at that time, his application was deemed ineligible. He was informed of this in writing in January 2005.

I have been informed that the person concerned now meets the statutory residency criteria and, consequently, it is open to him to submit a new application at any time. Any such application will be examined against the statutory criteria of the Irish Nationality and Citizenship Act before being passed to me for a decision.