Bernard Durkan (Kildare North, Fine Gael)
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Question 238: To ask the Minister for Justice, Equality and Law Reform if the passport deemed invalid in the case of a person (details supplied) in County Dublin needs to be validated; the procedure to be followed; and if he will make a statement on the matter. [20253/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The passport submitted by the person in question was deemed invalid as it failed basic authenticity tests. However further documentation provided by this person has enabled the Department to grant permission to remain to in the State under the revised arrangements for non-national parents of Irish-born children born before 1 January 2005.

The passport has now been forwarded to the Garda Síochána for the purposes of further authenticity tests.

Bernard Durkan (Kildare North, Fine Gael)
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Question 239: To ask the Minister for Justice, Equality and Law Reform the residency or citizenship status in the case of persons (details supplied) in Dublin 24, having particular regard to the medical needs of the family; and if he will make a statement on the matter. [20254/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The lady in question arrived in the State on 30 May 1999 and sought asylum. She withdrew her application before a decision was reached and sought permission to remain on foot of her parentage of a child born in Ireland on 16 June 1999. Such permission was granted in November 1999.

The husband of the lady in question arrived in the State in November 1999 and also sought asylum. That application was refused in September 2000. An appeal was lodged in October 2000 but was subsequently withdrawn. Permission to remain on foot of his parentage of the child born in Ireland on 16 June 1999 was granted in November 2001.

Both of the persons in question initially applied for naturalisation in 2002. I considered the applications in 2004 and decided to refuse both applications. The persons concerned were informed of my decision at the end of 2004. Both submitted new applications in August 2005.

The first element of the assessment process involves determining if the applicant meets the statutory residency requirement set out in the Irish Nationality and Citizenship Act, 1956, as amended. 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, including having 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. 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.

At the time of her application, the lady in question did not have the necessary reckonable residence as set out above. She was informed of this determination in December 2005 and given a copy of my officials' calculations. It appears that she now meets the residency requirement.

The lady's husband did not have the necessary reckonable residence at the time he applied for naturalisation. However, it appears that he will not meet the residency requirement until October 2006.

Any further applications by the couple will be assessed against the statutory criteria in operation at the time of receipt of the applications. The legal representatives of the persons in question have submitted documentation in relation to a medical situation in the family. I will, of course, take these matters into account in considering future applications from the couple.