Written answers

Wednesday, 25 February 2009

Department of Justice, Equality and Law Reform

Citizenship Applications

11:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 180: To ask the Minister for Justice, Equality and Law Reform if he will explain the way a minor traffic offence can be considered a criminal offence for the purposes of assessing the good character and suitability of a candidate for naturalisation as in the case of a person (details supplied); the rationale for determining that as a result of same, the person has a criminal record; if a minor litter fine would be similarly considered a criminal offence; if he will provide this Deputy with the guidelines that are issued to deciding officers in relation to the assessment of candidates when a traffic offence is recorded against them; and the way a decision may be appealed or reviewed when it is argued that these guidelines have not been followed. [7899/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The granting of Irish Citizenship through naturalisation is a privilege and an honour and not an entitlement. 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. One such condition is that the applicant must be of good character. The particulars of each case are assessed and presented to the Minister for decision and factors including, but not restricted to, criminal or other offences are taken into account as part of that assessment in order for the Minister to be satisfied that the applicant is of good character.

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division in June 2005 and the Minister decided to refuse the application. The reason for the refusal was disclosed to the applicant in a letter issued on 27 June, 2008. There is no appeals process under the Irish Nationality and Citizenship Act 1956, as amended. It is open to the person concerned to lodge a new application for a certificate of naturalisation if and when she is in a position to meet the statutory requirements. However, in doing so she should bear in mind the reasons for refusal of her previous application.

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