Gay Mitchell (Dublin South Central, Fine Gael)
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Question 122: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will arrange for a thorough review of the application of a person (details supplied) in Dublin 15 for naturalisation. [30319/06]

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

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.

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 in the Deputy's question arrived in the State in 1994 for study purposes and his permission to remain was granted on that basis until September 2002. Reckonable residency for the purpose of naturalisation commenced after that date. Consequently when he submitted his application for a certificate of naturalisation to the Citizenship section of my Department on 8 December 2003, he did not satisfy the statutory residency conditions and was deemed ineligible to apply. His legal advisors were advised of this on 1 March 2006. It will be open to the person in question to submit a fresh application as soon as he satisfies the statutory conditions applicable at that time.

Gay Mitchell (Dublin South Central, Fine Gael)
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Question 123: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will arrange for a thorough review of the application of a person (details supplied) in Dublin 14 for naturalisation. [30320/06]

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.

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 in the Deputy's question arrived in the State in 1995 for study purposes and his permission to remain was granted on that basis until September 2002. Reckonable residency for the purpose of naturalisation commenced after that date. Consequently when he submitted his application for a certificate of naturalisation to the Citizenship section of my Department on 8 January 2004, he did not satisfy the statutory residency conditions and was deemed ineligible to apply. His legal advisors were advised of this on 31 March 2006. It will be open to the person in question to submit a fresh application once he satisfies the statutory conditions applicable at that time.