Written answers

Thursday, 5 November 2009

Department of Justice, Equality and Law Reform

Citizenship Applications

10:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 160: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency and citizenship in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [39865/09]

Photo of Dermot AhernDermot 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 Division of my Department in October 2009. On examination of the application submitted it was determined that the application in its entirety be returned to the person concerned for further attention on 12 October, 2009. In order to be fair to all applicants, only valid applications can be considered. It is open to the person in question to re-submit the application to the Citizenship Division of my Department at anytime. I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State, in 2000, under the arrangements then in place for the non-EEA parents of Irish citizen children. I am informed that the permission granted is currently valid until 13 September 2010.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 161: To ask the Minister for Justice, Equality and Law Reform the position regarding to citizenship or eligibility for same in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [39866/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question.

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. 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 they are in a position to meet the statutory requirements.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Justice, Equality and Law Reform the position in regard to citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [39867/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in March 2007. I decided in my absolute discretion not to grant a certificate of naturalisation and the reason for refusal was disclosed to the person in question in a letter issued on 12 March, 2009.

It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department at anytime. However, in doing so he should bear in mind the reason for refusal of his previous application.

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