Paul Kehoe (Wexford, Fine Gael)
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Question 50: To ask the Minister for Justice, Equality and Law Reform the reason a residency requirement was not met in respect of a person (details supplied in County Wexford; the number of months by which the application was short; when a new application will be valid; and if he will make a statement on the matter. [35289/08]

Dermot Ahern (Louth, 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 February 2008.

Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended provides that the applicant must have been resident in the State for a period of one year immediately prior to the application and four years in the eight year period before that, sixty months in total. On examination of the application it was determined that the person concerned did not meet this requirement, being some 16 months short.

However, it was noted that the person concerned is the spouse of an Irish National. Section 15A of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may grant a certificate of naturalisation to the non-national spouse of an Irish citizen, if among other things, the applicant has been married to that citizen for a period of not less than three years and has been resident in the State for a period of one year immediately prior to the application and two years in the four year period before that, thirty six months in total.

The person in question was informed of this and invited to submit an Affidavit in a letter issued by registered post on 10 July, 2008. This letter was returned to my Department and was re-issued on 25 July, 2008. A final reminder letter was issued on 12 September, 2008, this letter was also returned to my Department. I am informed by my officials that as the applicant did not reply to this correspondence the file has now been closed. The address the Deputy has supplied corresponds with the address given to my Department by the applicant.

It is open to the person concerned to lodge a new application if and when he is in a position to meet the statutory residency requirement applicable at that time.