Dáil Éireann Debate, Tuesday - 14 July 2020
937. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if arrangements will be made to review residency entitlements in the case of a person (details supplied); and if he will make a statement on the matter. [15357/20]
View answerThere is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy. A decision on their previous application issued by letter on 22 October 2018.
A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received. Every application is considered on its individual merits, regardless of whether the applicant had applied previously.
It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future. Indeed, the letter advising an applicant of a negative decision also informs them that they may re-apply for the grant of a certificate of naturalisation at any time. The letter advises that, when considering making such a re-application, they should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.
Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may grant a certificate of naturalisation if, among other things, that the applicant has been resident in the State for a period of one year immediately prior to the date of application and four years in the eight year period before that. For the purpose of calculating this residency, no period may be taken into account where a non-national;
- was required to have the permission of the Minister to remain in the State but did not have that permission; or
- had permission to remain for the purpose of study (whether or not such study necessitated the employment of the non-national during the whole or part of the period of study); or
- had permission to remain for the purpose of seeking to be recognised as a refugee (within the meaning of the Refugee Act, 1996) where such application was either unsuccessful or withdrawn.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to my Department 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 is, in the Deputy’s view, inadequate or too long awaited.
