Written answers

Wednesday, 9 July 2008

Department of Foreign Affairs

Passport Applications

11:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 226: To ask the Minister for Foreign Affairs if persons (details supplied) in Dublin 11 will be supported. [28094/08]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Passport Office can only issue a passport to an Irish Citizen.

In this case, an application for an Irish passport was submitted on behalf of a child by his parents. The child was born in Ireland in 2005. Under the Irish Nationality and Citizenship Act 2004, persons born in the State after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside without restriction in the State or in Northern Ireland, may claim citizenship by birth in the State (and thereby establish eligibility for a passport) only where a parent has been lawfully resident in the State for 3 years of the 4 years preceding their birth.

The Department of Justice, Equality and Law Reform is responsible for citizenship issues. In line with guidelines issued by that Department regarding the 2004 Act, lawful residence is proven on the basis of immigration stamps in passports and Garda National Immigration Bureau (GNIB) cards and registration books On this basis, the child's parents provided evidence of lawful residence for a period of 13 months and 16 days. As evidence for three years lawful residence was not submitted, the child's entitlement to Irish citizenship was not established and it was not possible to approve the issuing of a passport.

The Passport Office contacted the applicant's father on 21 June, 2008 to advise him of this decision. The applicant's father stated that some of the evidence proving his lawful residence in Ireland had been stolen from his car. In response, the Passport Office advised that he should submit a letter from the GNIB setting out the full details of periods of lawful residence for himself and his wife from 2001 to 2005. This position was confirmed in writing by the Passport Office the same day.

No further response has been received to date. The Passport Office will ensure that the child's passport application is reviewed promptly on receipt of the requested information.

The Deputy may wish to be aware that as the child's older siblings were born in Ireland prior to 1 January, 2005, their entitlement to citizenship was based simply on birth in Ireland and it was not necessary in their cases to establish three years lawful residence in Ireland of a parent.

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