Bernard Durkan (Kildare North, Fine Gael)
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Question 926: To ask the Minister for Justice, Equality and Law Reform when a person (details supplied) in Dublin 1 will qualify for citizenship; and if he will make a statement on the matter. [30484/08]

Dermot Ahern (Louth, Fianna Fail)
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Officials in the Citizenship Section of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question.

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 condition are that the applicant must:

be of full age

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.

It is open to the person in question to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory criteria outlined.