Vol. 541 No. 2
157 Mr. Callely asked the Minister for Justice, Equality and Law Reform if there has been a noticeable increase in the number of children being born to non-nationals claiming citizenship; if his attention has been drawn to the fact that there may be abuses in certain such cases; and if he will make a statement on the matter. [22224/01]
928 Mr. Callely asked the Minister for Justice, Equality and Law Reform the number of asylum applications withdrawn and substituted by a claim for right of residency on the basis of having become a parent of a baby born here; and if he will make a statement on the matter. [22170/01]
I propose to take Questions Nos. 157 and 928 together.
I presume the Deputy's question relates to the number of persons applying for permission to remain in the State on the basis of their parentage of Irish citizens. Children born in Ireland to non-Irish national parents are Irish citizens and have the same citizenship rights as other Irish citizens. No entitlement to Irish citizenship is conferred on the parents of such children but, in line with the decision of the Supreme Court in the Fajujonu case, subject to the common good, a non-Irish national who becomes the parent of an Irish citizen has a strong claim to be allowed to reside in the State with that citizen.
The number of applications for permission to remain on this basis is increasing. The number of persons granted permission to remain on this basis in 1999 was 1,428, of which 1,227 were current or former asylum applicants. Some 1,515 persons were granted permission to remain on this basis during 2000 of which 909 were current or former asylum applicants. To end September 2001, permission has been granted to 2,436 persons, of whom 1,838 were current or former asylum applicants. Since the beginning of 2001, 4,397 applications of this nature have been received, of which 3,956 were from current or former asylum applicants.
Figures are not readily available for the number of persons who withdraw from the asylum process when applying for or following granting of this type of permission to remain. However, based on a number of sample months during 2001, approximately 10% of persons granted permission to remain on this basis were continuing with their asylum claim at the time of their application. There is no obligation on persons to withdraw from the asylum process at the time of making an application for permission to remain as the parent of an Irish citizen.
Applications for permission to remain on this basis are open to abuse and a number of instances have been detected where the applicants had submitted false claims of parentage of an Irish citizen. Accordingly, all applications are examined carefully in my Department and according to particular criteria, with a view to establishing that they are genuine.
Question No. 158 answered with Question No. 104.
