Jack Wall (Kildare South, Labour)
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Question 91: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position of an application for naturalisation by a person (details supplied) in County Kildare; if the person received all of the documents requested in regard to their application; if not, when the appropriate forms will be forwarded; and if he will make a statement on the matter. [35083/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person referred to by the Deputy arrived in the State in July 1998 and claimed asylum. He subsequently withdrew that application and applied for permission to remain in the State based on his marriage to an EU national. Permission to remain on that basis was granted in October 1999.

In July 2003, an application for a certificate of naturalisation from the person concerned was received in the Citizenship section of my Department. The Irish Nationality and Citizenship, 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.

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. Consequently, time spent in the State prior to October 1999 by the person concerned is not reckonable for 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 July 2005 and any original documents in support of his application were enclosed. It is open to the person in question to submit a new application if and when he is in a position to meet the statutory requirements as set out above.