Bernard Durkan (Kildare North, Fine Gael)
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Question 725: To ask the Minister for Justice, Equality and Law Reform the number of qualified stateless persons who applied for and obtained naturalisation or citizenship in each of the past five years to date in 2009; and if he will make a statement on the matter. [31312/09]

Bernard Durkan (Kildare North, Fine Gael)
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Question 735: To ask the Minister for Justice, Equality and Law Reform the criteria applied by his Department in the determination of the category known as stateless person with particular reference to the eligibility of this category of applicant for citizenship; and if he will make a statement on the matter. [31322/09]

Bernard Durkan (Kildare North, Fine Gael)
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Question 736: To ask the Minister for Justice, Equality and Law Reform the number of applicants for naturalisation who presented as stateless persons in each of the past five years to date in 2009; the number who qualify for and were approved for citizenship under this heading; the degree to which established criteria determining the category of statelessness was established; and if he will make a statement on the matter. [31323/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to takes Questions Nos. 725, 735 and 736 together.

The number of qualified Stateless persons who applied for and obtained naturalisation in the past five years is one. The Irish Nationality and Citizenship Acts 1956 to 2004 define a Stateless person as being 'within the meaning of the United Nations Convention relating to the Status of Stateless Persons of the 28th day of September, 1954'. The definition of a 'Stateless Person' as outlined under this Convention is 'a person who is not considered as a national by any State under the operation of it's law'.Every application for a certificate of naturalisation is dealt with on an individual basis, if the applicant claims to be stateless then the citizenship laws of the country of origin, country of birth and any other country that may be involved are examined to determine whether the applicant is entitled to citizenship. It is only after these checks are completed will a determination on the nationality of the applicant be made. This assessment does not take place in cases where the application is ineligible or refused.

The Irish Nationality and Citizenship Act, 1956, as amended, applies to all applicants for a certificate of naturalisation and provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions 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

The number of applicants who presented as Stateless persons in the last 5 years is 23. Of these, 5 applications were approved, with 2 of the applicants determined to have a nationality other than Stateless, while 11 applications are pending a decision.