Dáil Éireann Debate, Tuesday - 9 May 2023
449. Deputy Jackie Cahill asked the Minister for Justice what is involved in the process of applying for citizenship through Irish associations and seeking to avail of his discretion provided under section 16 of the Irish Nationality and Citizenship Act 1956; the specific criteria that must be met to receive his discretion on such an application; the processing times for such an application; and if he will make a statement on the matter. [21654/23]
View answer450. Deputy Jackie Cahill asked the Minister for Justice if a person may be eligible for citizenship (details supplied); and if he will make a statement on the matter. [21655/23]
View answer451. Deputy Jackie Cahill asked the Minister for Justice if a person living abroad may have grounds to apply for citizenship if they are the great-grandchild of an Irish citizen and have very strong ties to Ireland; and if he will make a statement on the matter. [21656/23]
View answer452. Deputy Jackie Cahill asked the Minister for Justice the number of citizenship applications that he has exercised absolute discretion and waived the statutory conditions in cases of Irish descent or associations in each of the past five years; and if he will make a statement on the matter. [21661/23]
View answerI propose to take Questions Nos. 449 to 452, inclusive, together.
The 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. A determination on whether an applicant satisfies the statutory criteria for naturalisation can only be made after an application is received.
Section 15 of the Act sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted.
Section 16 of the Act gives the Minister discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen). Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation that in the Minister’s view, renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.
However, there is no automatic right or entitlement to have any of the statutory conditions waived even where the applicant comes within the certain circumstances defined. This discretion is used very rarely and only under the most exceptional and compelling circumstances.
Given the complexity of the matter, Citizenship Division of my Department are in the process of preparing comprehensive guidelines, which will be made available to applicants for naturalisation on the basis of Irish Associations and these are nearing completion.
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.
At present Irish Association cases are taking in excess of 30 months to process.
The information in terms of the number of applications as requested by the Deputy is not currently compiled in the format required.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/
Additionally, any person born outside of Ireland who have an Irish national grandparent born in Ireland may obtain Irish citizenship through registration in the Foreign Births Register which is maintained by Department of Foreign Affairs, for more information please see: www.dfa.ie/citizenship/born-abroad/registering-a-foreign-birth/
