Written answers

Thursday, 10 December 2009

Department of Justice, Equality and Law Reform

Refugee Status

11:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 136: To ask the Minister for Justice, Equality and Law Reform if and when travel documents will be provided in the case of a person (details supplied) in Dublin 3; if requirements for application in respect of naturalisation and citizenship have been complied with; and if he will make a statement on the matter. [46524/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question No. 187 of 26th November 2009. The position remains unchanged in relation to the possible issuing of a travel document.

The Citizenship Division of my Department have advised that they have no record of having received an application for citizenship from the person concerned.

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. Information detailing the requirements for citizenship can be found on the INIS website - www.inis.gov.ie

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