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Citizenship Status

Dáil Éireann Debate, Thursday - 13 December 2018

Thursday, 13 December 2018

Questions (54)

Bernard Durkan

Question:

54. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the residency status and eligibility for naturalisation and consequently an Irish passport in the case of persons (details supplied) in view of the fact that one of their children’s passports was withdrawn and that matters have not progressed since; if the matter will be examined with a view to clearing up confusion arising from failure to qualify under a case; if the deportation order in question will be set aside to facilitate a full evaluation of the case; and if he will make a statement on the matter. [52660/18]

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Written answers

The case referred to by the Deputy is a matter under the responsibility of the Minister for Justice and Equality. I am able to comment only in relation to the broader question of how eligibility to hold an Irish passport is established.

All passport applications are subject to the provisions of the Passports Act, 2008 (“the Act”), as amended. Under the Act, before a passport can issue, the Passport Service must be satisfied as to the identity of the applicant and that he or she is an Irish citizen. Irish citizenship is determined by the Irish Nationality and Citizenship Act, 1956 Act (“the 1956 Act”) as amended. Under the 1956 Act, a person is entitled to Irish citizenship (and therefore a passport) if they were born on the island of Ireland before 1 January 2005 or after that date subject to certain conditions. Section 6A of the 1956 Act, provides that 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, may claim citizenship by birth in the State where a parent has been lawfully resident in the State for 3 years of the 4 years preceding their birth.

A person who has obtained Irish citizenship through naturalisation is also entitled to an Irish passport. Information on the documents required for a first time applicant who is naturalised is available on the website www.dfa.ie/passport.

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