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Citizenship Applications.

Dáil Éireann Debate, Tuesday - 5 October 2004

Tuesday, 5 October 2004

Questions (322)

Michael Noonan

Question:

441 Mr. Noonan asked the Minister for Justice, Equality and Law Reform the reason an application for naturalisation by a person (details supplied) in Dublin 14 for their family was refused; if the application will be reconsidered; and if he will make a statement on the matter. [23580/04]

View answer

Written answers

Applications for naturalisation were received from the person in question and six members of his family on 18 October 1999. I approved one of the applications and refused the remaining six.

The persons whose applications were refused lodged a request under the Freedom of Information Act on 23 January 2003 for copies of their case files and the reasons for the refusal of their applications. It was the policy in my Department at that time not to release the reasons for decisions on applications for naturalisation. This policy was based on legal advice received from the Attorney General in 1998. In keeping with that policy, copies of the case files were released but the reasons for the refusal of the applications were not.

On 22 May 2003, the Information Commissioner decided, on the basis of an appeal to his office by a particular individual whose application for naturalisation had been refused, that section 18 of the Freedom of Information Act 1997, which requires the giving of reasons by the head of a body for any act of that body, comprehended the naturalisation process. Having obtained further legal advice, I decided not to appeal against the Information Commissioner's decision and since late 2003, requests under section 18 for the reasons for my decisions in naturalisation cases have been processed in accordance with the provisions of that Act.

It is open to the individuals concerned to make a fresh request under section 18 of the Freedom of Information Act to my Department's freedom of information officer. Any such request will be dealt with in accordance with the provisions of that Act.

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