Dáil Éireann Debate, Tuesday - 1 March 2022
587. Deputy Jim O'Callaghan asked the Minister for Justice if consideration will be given on humanitarian grounds to allowing the appeal against the decision not to grant naturalisation to a person (details supplied). [11311/22]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.
Section 15A of the Act provides that, where the application is based on being the spouse or civil partner of an Irish citizen, the requirements include that the couple are married or civil partners to each other for a period of at least three years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to two years (i.e. three years in total).
The documentation submitted with the application for the person referred to by the Deputy has disclosed that at the date of application they did not have the three years required residency. The period from the date of their entry to the island of Ireland until the date of the application for citizenship was less than three years and, therefore, their application for naturalisation has been deemed ineligible.
There is no provision for an appeals process under the legislation. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.
