Wednesday, 2 October 2013

Questions (223)

Bernard Durkan

Question:

223. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set out the procedural requirements in order to qualify for an Irish passport in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [41370/13]

View answer

Written answers (Question to Justice)

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. They are, inter alia, that the applicant must

- be of full age

- be of good character

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

- intend in good faith to continue to reside in the State after naturalisation.

The person concerned made an application for a certificate of naturalisation which was refused in 2011. The person concerned was informed of this and the reasons for it in a letter issued in May, 2011. It is open to the person in question to lodge a new application if and when she is in a position to meet the statutory conditions applicable at that time. In relation to the child of the person concerned, where sections 6A and 6B of the Irish Nationality and Citizenship Act 1956, as amended, are applicable, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence. Entitlement of a child to Irish citizenship is determined by the Passport Office following receipt of an application for a passport on the child's behalf.

Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied. Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.