Bernard Durkan (Kildare North, Fine Gael)
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Question 708: To ask the Minister for Justice, Equality and Law Reform the basis for the determination that a person (details supplied) in Dublin 7 did not meet the criteria for naturalisation; and if he will make a statement on the matter. [38137/09]

Dermot Ahern (Louth, Fianna Fail)
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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. The 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.

Applications for certificates of naturalisation from the person referred to in the Deputy's Question were received in the Citizenship Division of my Department in March 2006, January 2008 and January 2009. On examination of the applications submitted it was determined on each occasion that the person concerned did not meet that statutory residency criteria as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The applicant's initial reckonable permission had not been granted for at least 5 years at the date of each application, therefore it is not possible for him to comply with the statutory residency requirement.

It is open to the person concerned to lodge an application for a certificate of naturalisation with the Citizenship Division of my Department if and when she is in a position to meet the statutory requirements.