Written answers

Wednesday, 26 September 2007

Department of Justice, Equality and Law Reform

Citizenship Applications

10:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 925: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation by a person (details supplied); the date from which his Department regards this application having been made; if his attention has been drawn to the fact that this person applied for naturalisation in 2001, rather than 2002; and if this can be rectified and corrected. [20250/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Officials in the Citizenship Section of my Department inform me that there is no record of any application for a certificate of naturalisation from the person referred to in the Deputy's Question. Should the person in question have any further query, the Citizenship Section operates a telephone helpline on Tuesday and Thursday mornings from 10.00 a.m. to 12.30 p.m. and can be contacted on (01) 6167700 or Lo-Call 1890 551 500.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Question 926: To ask the Minister for Justice, Equality and Law Reform the staffing levels in his Department specifically allocated to processing naturalisation applications in each of the years 2003 to date in 2007; the numbers of applications for those years; his plans to address the long delays in processing naturalisation applications; and if he will make a statement on the matter. [20253/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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There are 46 staff currently assigned to the Citizenship Section of my Department of whom 31 work full time while the remainder work various work sharing patterns. This number has increased from 14 staff in 2003. Staffing levels are kept under constant review having regard to the overall resources available to the Irish Naturalisation and Immigration Service.

The average processing time for applications for naturalisation is approximately 30 months. This is primarily due to the significant increase in the volume of applications received in the last number of years. The table shows the total number of applications received in the years 2003 to date. These figures illustrate a significant upward trend in the number of applications received. With over 5,000 applications received to date in 2007, this trend looks set to continue for the foreseeable future.

YearApplications for naturalisation received
20033,580
20044,074
20054,523
20067,030
2007 (to start of September)5,266

The granting of Irish citizenship through naturalisation is an honour and applications must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is given only to persons who satisfy the necessary qualifying criteria.

The procedures employed to assess an applicant for naturalisation are as set out in summary form below. Upon receipt, each application is examined to determine if the statutory application is completed fully. Incomplete application forms are returned to the applicant for amendment. Valid applications are then examined to determine if the applicant meets the statutory residency criteria set out in the Irish Nationality and Citizenship Act. Passports and other documentation are examined in detail and enquiries with the Garda National Immigration Bureau may also be necessary. Since this procedure was introduced on 1 April 2005, over 3,500 applicants who applied since that date have been found to be ineligible. All such applicants are informed of any shortfall in their residency and will be able to reapply when they have the required residency.

The next stage of the process involves assessing an applicant's financial status in respect of their ability to support themselves in the State. Enquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. At the same time enquiries are also made with the Garda Síochána to clarify if the applicant can be deemed to be of good character. There may also be circumstances in individual cases which require a greater level of investigation than other cases. Once all enquiries are completed, the file is referred to me for a decision. The Deputy will appreciate that these processes can take a lengthy time to complete.

The above procedures have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, there is a limit to the reduction in the processing time that can be achieved.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 927: To ask the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) in County Kildare for a right of permanent residence; and if he will make a statement on the matter. [20276/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my previous reply to parliamentary question no. 687 dated 26th June 2007 regarding the person in question. Application was made on 16th May 2007 for a permanent residence card in accordance with EU Treaty Rights. The application was incomplete and it was returned to the applicant in order that he could provide evidence that his spouse is exercising EU Treaty Rights in the State. The applicant to date has not provided evidence that his spouse is currently residing and exercising EU Treaty Rights within the State. The application is therefore deemed to be incomplete and cannot be considered.

It is my Department's understanding that the person he is relying upon to exercise his eligibility under EU Treaty Rights no longer resides in the State and accordingly the applicant is ineligible to apply for residency under EU Treaty Rights. My Department has written to the applicant informing him of this and indicating that he will be issued with a notification under section 3(4) of the Immigration Act, 1999. As an unsuccessful asylum seeker the applicant will be given the opportunity to apply for subsidiary protection and to make representations for permission to remain in the State.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 928: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20277/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in June 2005. Officials in that Section are currently processing applications received in the beginning of 2005 and have approximately 1,900 applications on hand to be dealt with before that of the person in question. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in early 2008.

I will inform the Deputy and the applicant when I have reached a decision on the application.

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