Written answers

Thursday, 28 June 2007

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 230: To ask the Minister for Justice, Equality and Law Reform when it is expected that an application for naturalisation will be valid in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [18319/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised that there is no record of any application for naturalisation from the second-named individual referred to in the Deputy's question. In making any such application she should note that the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These 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 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; periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996. An application for a certificate of naturalisation from the first person mentioned in the Deputy's Question was received in the Citizenship Section of my Department on 2 December 2002 and I decided to refuse the application. A letter informing the applicant of the reasons for refusal was issued on 17 February 2005. It is open to the individual concerned to lodge a new application at any time. However, in doing so, he should bear in mind the reasons for refusal of his previous application.

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