Vol. 546 No. 3
343 Mr. Haughey asked the Minister for Justice, Equality and Law Reform his plans to review the right of residence of asylum seekers and immigrants who have Irish born children; if this right is being abused; and if he will make a statement on the matter. [31756/01]
Section 6 of the Irish Nationality and Citizenship Act, 1956, as amended by the Irish Nationality and Citizenship Act, 2001, provides that every person born in the island of Ireland is entitled to be an Irish citizen. This feature of Irish citizenship law is unique in the European Union, and unusual world wide. In other EU member states the citizenship of a child born in that state is generally dependent on the citizenship of the parents and/or the status and duration of residence of the parents in the state concerned.
The entitlement to citizenship by birth is also a constitutional right arising from Article 2 of the Constitution. Accordingly, a constitutional amendment would be required before any alteration of the existing statutory position. In line with the decision of the Supreme Court in the Fajujonu case [1990] 2 I.R. 151, 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. There has been a significant increase in the number of applications from non-nationals to remain in the State on the basis of parentage of an Irish citizen child in the last year. To end November, my Department has received 5,247 applications for permission to remain on the basis of parentage of an Irish citizen from current or former asylum applicants.
Evidence suggests that a significant proportion of adult female asylum applicants are pregnant upon arrival in the State and that their decision to seek asylum in Ireland is, at least in part, motivated by the anticipation of the benefits which might accrue for themselves, their partner and their child as a result of that child being born in Ireland. While it is the case that some such persons could also have a well-founded basis for seeking asylum, a large proportion of such applicants either withdraw their asylum claims when seeking permission to remain on the basis of parentage, or are refused status under the provisions of the Refugee Act, 1996. There have also been instances of attempted abuse by the submission of false claims of parentage. In the light of these realities my Department is keeping this issue under review.
