Róisín Shortall (Dublin North West, Labour)
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Question 137: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 9 has been refused naturalisation; the reason the person did not receive a stamp on their passport from December 2002 and November 2003; and if this aspect of their application will be reviewed to assist their case. [15867/06]

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, 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.

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 October 1998 and claimed asylum. He subsequently withdrew that application and applied for permission to remain in the State based on parentage of an Irish-born child. Permission to remain on that basis was granted in November 1999.

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the citizenship section of my Department on 7 January 2004. The person concerned had not been resident in the State for five years at the time he applied and did not satisfy the statutory requirement of having one year's continuous reckonable residence in the State immediately prior to applying for naturalisation. He did not have permission to remain in the State between December 2002 and November 2003.

In September 2002, my officials were informed by the Garda that the person concerned was no longer living with his wife and his Irish-born child. Correspondence ensued with the individual and his legal advisers over the next number of months to clarify the situation. It was established that the person concerned was not residing in the same household as the child. Notwithstanding this, it was decided to renew his permission to remain in November 2003 following receipt of appropriate documentation confirming that he was discharging the role of parent to the child. Consequently, the person concerned did not have permission to remain in the State for the period December 2002 to October 2003, and this period does not, therefore, reckon for the purposes of naturalisation. As the person in question did not meet the statutory residency requirement at that time, his application was deemed ineligible and he was informed of this decision in writing in February 2006. It is open to him to submit a new application if and when he is in a position to meet the statutory requirements as set out above.