Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 194: To ask the Minister for Justice, Equality and Law Reform the way a person from outside the common travel area can be present in the country without a passport; the steps which he is taking to address this issue; and if he will make a statement on the matter. [7286/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I understand the Deputy's question to relate to the circumstances in which a foreign national may enter and be lawfully present in the State without possession of a passport. I can inform the Deputy that there are many circumstances in which a foreign national may enter or be present in the State without being the holder of a passport. While a passport is the most common type of travel document for the purposes of international travel, it is not the only travel document that can be used for the purpose of entry and residence in the State.

As the Deputy highlighted, the operation of the Common Travel Area allows nationals of the United Kingdom of Great Britain and Northern Ireland and Irish nationals to move freely within the Common Travel Area. Persons exercising this right are not obliged to produce a passport when doing so. In addition, the European Communities (Free Movement of Persons) (No.2) Regulations 2006 allow a Union citizen to gain entry to the State in circumstances where he or she is in possession of a valid national identity card as evidence of his or her nationality and identity. Also, the 1951 United Nations Convention on the Status of Refugees, to which Ireland is a party, provides for certain rights of travel on foot of a travel document issued by the government of the state in which a person has been granted refuge.

Of course, persons who arrive in the State for the purpose of seeking asylum may not be in possession of any appropriate travel documentation and may remain so for a period of time while their asylum application is being processed. Such persons will be in receipt of a temporary residence certificate as evidence of a claim for asylum.

A number of measures are in place which allow for checks to be carried out to ensure that persons who are subject to immigration controls in the State are in possession of appropriate documentation. For example, section 11 of the Immigration Act 2004 places a requirement on all foreign nationals to be in possession of certain documentation upon arrival in the State. In addition, section 12 of the 2004 Act places a requirement on a foreign national to produce on demand, unless he or she can give a satisfactory explanation as to why he or she is prevented from doing so, a valid passport or equivalent document establishing his or her identity and, also, his or her registration certificate where he or she is required to register with the Garda National Immigration Bureau.