Pat Rabbitte (Dublin South West, Labour)
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Question 38: To ask the Minister for Justice, Equality and Law Reform the safeguards which are in place for a person (details supplied) who came here as a minor without a passport or documentation of citizenship; the reason the person was refused for naturalisation; his views on this decision; if he will give this person indefinite leave to remain as the parent of an Irish born child; and if he will make a statement on the matter. [9692/06]

Jerry Cowley (Mayo, Independent)
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Question 159: To ask the Minister for Justice, Equality and Law Reform if he will reconsider the application for citizenship by a person (details supplied); and if he will make a statement on the matter. [9828/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 38 and 159 together.

The person concerned entered the State as an unaccompanied minor in October 1999 and applied for asylum. Normal immigration controls were not applied to her and her entry to the State without a passport or valid form of identification was allowed for the sole purpose of having an asylum claim determined. In May 2000, she withdrew her claim for asylum before it had been finalised and made an application for leave to remain based on her parentage of an Irish born child. She was granted leave to remain on this basis on 8 October 2002.

In May 2004, the person concerned applied for a certificate of naturalisation. 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, 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 concerned had not been resident in the State for five years at the time she applied and, consequently, her application was deemed ineligible. She was informed of this decision in writing in February 2006. Since she was granted leave to remain in October 2002 she will satisfy the residency requirements for naturalisation in October 2007, provided she maintains her permission without any gaps during this period. Any such application will be assessed against the provisions of the Irish Nationality and Citizenship Act.

While there is no provision to grant indefinite or permanent leave to remain in the State on the basis of parentage of an Irish born child, it is possible to obtain permission to remain without condition as to time. An application for such permission to remain can be made to the immigration division of my Department once the person concerned has resided in the State for a minimum of eight years.