The Passports Act, 2008 (the Act) provides, among other things, that only Irish citizens are entitled to be issued with Irish passports. Each application received by the Passport Service must, therefore, contain relevant evidence that demonstrates that person’s entitlement to Irish citizenship before a passport can issue to him/her. The child in question was born in the State in 2012. Her entitlement to Irish citizenship is, therefore, subject to the terms of section 6A of the Irish Nationality and Citizenship Act, 1956, as amended (the 1956 Act). This provides that a person, born in the State on or after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction at the time of that person’s birth, may claim citizenship by birth in the State (and thereby establish eligibility for an Irish passport) only where a parent has been lawfully resident in the State for three years of the four years preceding that person’s birth. Moreover, section 6B(4)(b) of the 1956 Act specifies that certain periods of residence shall not be reckonable for the purposes of section 6A. This includes periods of residence which are allowed under the Immigration Act 2004 for the purposes of study.
The evidence of permissions which were issued to the child’s parent during the four year period prior to her birth (i.e. 2008 to 2012) show that these were issued for the purpose of study in Ireland. This residence is not, therefore, reckonable for the purposes of section 6A of the 1956 Act. Accordingly, the child’s entitlement to Irish citizenship has not been demonstrated and therefore no entitlement to an Irish passport exists under the Act.
A passport was issued in 2012. This was an error on the part of the Passport Service which was only detected when the child’s parents applied to renew the issued passport. The Passport Service has both met and written to the parents to give notice of its decision to refuse their child a passport under the Act and to explain the reasons, for this course of action. In accordance with fair procedure, they have been given the opportunity, to make representations in the matter or present additional evidence that may warrant the issue of a passport under the Act.
The Passport Service has received representations supporting the application, however we have not received any additional evidence of reckonable stay which would allow a Passport to be issued. As a result the application has been refused based on insufficient reckonable residence in the State for three years of the four years preceding that person’s birth.
A letter has been issued to the parents informing them of the decision and advising them of the procedure for lodging an appeal should they wish to do so.
