Noel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

Question 246: To ask the Tánaiste and Minister for Education and Science the person who sets the nationality requirements of the higher education grants scheme; if these are set here or by the EU; the reason those who have refugee status qualify but those given permission to stay due to the fact they had an Irish born child and may have got refugee status are denied the rights of the scheme for themselves and their children; if an application for naturalisation will be fast-tracked to allow an 18 year old to get their entitlement for a college (details supplied); and if she will make a statement on the matter.. [13496/10]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

The eligibility requirements for student grants, including those relating to nationality, are set out annually in the relevant grant schemes drawn up by my Department.

Under the terms of the Higher Education Grant Scheme, grant assistance is awarded to students who meet the prescribed conditions of funding, including those which relate to nationality, residency, means and previous academic attainment.

The nationality requirement as set out in clause 4.5 of the 2009 scheme states that candidates must: - be a national of an EU Member State, a state which is a contracting state to the EEA Agreement, the Swiss Confederation or - a refugee or other person entitled for the time being to the rights and privileges specified in section 3 of the Refugee Act 1996; or - be a person, pursuant to the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) who the Minister for Justice, Equality and Law Reform has determined is eligible for the time being for subsidiary protection pursuant to Regulation 4 of those regulations, or to whom the Minister for Justice, Equality and Law Reform has granted permission for the time being in writing to enter and reside in the State pursuant to Regulation 16 of those Regulations; or - have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or - have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or- have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or - be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999

A non-EU national who has been granted permission to remain in the State on the basis of parentage of an Irish born child does not comply with these conditions and is ineligible for grant assistance under the nationality requirements of the scheme. Persons granted leave to remain in the State on the basis of parentage of an Irish born child do not have all of the same rights as persons granted refugee status. Any extension to the scope of the maintenance grants schemes can be considered only in the light of available resources and in the context of competing demands within the education sector.

Any issue in relation to the processing of an application for naturalisation is a matter for my colleague, the Minister for Justice, Equality and Law Reform.