Written answers

Thursday, 26 October 2006

Department of Justice, Equality and Law Reform

Citizenship Applications

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 80: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position in regard to the application for naturalisation in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [35042/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The persons referred to in the Deputy's question arrived in the State in 1998 and sought asylum. They subsequently withdrew their applications before a decision was reached and sought permission to remain on foot of parentage of their Irish born child in 1998. Such permission was granted for one year in September 1999.

Applications for certificates of naturalisation were lodged in the Citizenship Section of my Department on 20 March, 2003. On examination of these applications, it was determined that the applicants did not satisfy the statutory residency requirements and they were informed of this in March 2005.

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. One of these conditions is that the applicant has 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, has had a total residence in the State amounting to four years.

In the context of determining if an applicant meets the residence requirement for naturalisation, certain periods of residence in the State must be 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.

Although both persons were granted permission to remain in the State on the basis of their Irish born child in September 1999, that permission expired on 28 September, 2000. It appears that neither person renewed their permission to remain between October 2000 and July 2002. Consequently neither party satisfied the statutory conditions at the time of their previous application.

Officials in the Citizenship Section of my Department have advised me that it is now open to both parties to lodge fresh applications for naturalisation provided they have maintained their permission to remain in the State at all times.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 81: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position of the application for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [35043/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I refer to my replies to Parliamentary Question Nos. 209 and 76 of 29 June 2006 and 15 June 2006 respectively in which I informed the Deputy that the person concerned applied for naturalisation in November 2002 and I decided to refuse that application. I also informed the Deputy that it appears that the individual will be eligible to re-apply in January 2010 provided she maintains her permission to remain in the State at all times. This is still the position.

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