Dáil Éireann Debate, Tuesday - 9 October 2012
444. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will clarify the rights afforded to a baby born here to parents who are waiting on decisions on their applications for asylum; and if he will make a statement on the matter. [42695/12]
View answerA child born in the State to parents who are seeking asylum has a right to reside in the State while his/her parents asylum application(s) are being processed. It is important for the parents of the child to inform the Office of the Refugee Applications Commissioner of the birth of the child and to either link the child's status to the parent's application for asylum or to make an application for asylum in the child's own right.
Following the enactment of the Irish Nationality and Citizenship Act, 2004, children born of certain foreign national parents on or after 1 January 2005 are not automatically entitled to Irish citizenship. A child born in the island of Ireland on or after 1 January 2005 is entitled to Irish citizenship if they have a British parent or a parent who is entitled to live in Northern Ireland or the Irish State without restriction on their residency. Other foreign national parents of children born in the island of Ireland on or after 1 January 2005 must prove that they have a genuine link to Ireland. This will be evidenced by their having three out of the previous four years reckonable residence in the island of Ireland immediately before the birth of the child. (Time spent in Ireland as an asylum seeker does not constitute reckonable residence under Irish law). On proof of a genuine link to Ireland their child will be entitled to Irish citizenship and can apply for a certificate of nationality.
