Written answers
Thursday, 25 June 2009
Department of Justice, Equality and Law Reform
Citizenship Applications
7:00 pm
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 127: To ask the Minister for Justice, Equality and Law Reform when an application for naturalisation will be decided for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [25540/09]
Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question 360 on 6 May, 2009. The position remains as stated.
David Stanton (Cork East, Fine Gael)
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Question 128: To ask the Minister for Justice, Equality and Law Reform the number of legal challenges to decisions which he has made to refuse applications for certificates of naturalisation; the number of these challenges which were successful or otherwise; and if he will make a statement on the matter. [25544/09]
Dermot Ahern (Louth, Fianna Fail)
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Since 2008 there have been eighteen legal challenges in the High Court to the decisions which the Minister has made to refuse applications for certificates of naturalisation. Seventeen of these challenges were unsuccessful. One case was successful in that the court ordered that the Minister reconsider his decision on the basis that certain information provided in the submission prepared for the Minister should not have been presented.
The Irish Nationality and Citizenship Acts 1956 and 1986, as amended, provide that the Minister may, in his absolute discretion grant an application for a certificate of naturalisation. There is no appeal process provided for in legislation, however the applicant can at any time make a new application.
The decision on whether or not to grant an application for a certificate of naturalisation lies solely with the Minister for Justice, Equality and Law Reform. The courts may not instruct or compel the Minister to reach any specified decision on an application for naturalisation because of the constitutional separation of powers.
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