Dáil Éireann Debate, Thursday - 28 February 2013
76. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has received confirmation from the Department of Justice and Equality regarding entitlement to an Irish passport in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [10905/13]
View answerA passport application was received by the Passport Service for this applicant in April, 2011. It was not approved at that time as the child’s entitlement to Irish citizenship was not demonstrated. To do this, her mother is required under Section 6A of the Irish Nationality and Citizenship Act 1956, as amended, (the Act) to have three years lawful residence in the State within a four year period immediately preceding her daughter’s date of birth. The proofs accepted are determined by the Department of Justice and Equality, the Department with responsibility for citizenship matters. At the time of application, the submitted evidence demonstrating reckonable residence fell short of the statutory requirement. However, one element of the evidence provided was a letter from the Department of Justice and Equality, which was the subject of a Supreme Court hearing in a separate but similar case.
The Supreme Court has very recently ruled on this issue and has now decided that the period of reckonable residence should be regarded as commencing from the date of that letter. A preliminary examination of this application suggests that the applicant has an additional period of reckonable residence which would allow her to qualify for citizenship and receive a passport. As the Supreme Court decision has only recently been received, my Department is currently in contact with the Department of Justice and Equality to review and revise its practices in this area. In the interim my Department will be in contact with the applicant with a view to finalising the application and issuing a passport at the earliest opportunity.
