Dáil Éireann Debate, Tuesday - 13 June 2023
166. Deputy Paul Murphy asked the Tánaiste and Minister for Foreign Affairs if he agrees that the best interest of a child (details supplied), whose passport application was denied due to their father's student status, was absent in the decision-making process; and if he will ensure that this application is reconsidered. [28267/23]
View answerAll passport applications are subject to the terms of the Passports Act 2008, as amended (“the 2008 Act“). Section 7(1)(a) provides that a person must be an Irish citizen in order for the Minister for Foreign Affairs (“the Minister”) to issue a passport to that person. Accordingly, every applicant for a passport must submit a complete application form with supporting documents positively confirming to the satisfaction of the Minister, among other things, that that person is an Irish citizen and as such is entitled to a passport.
The entitlement of a person to citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended (“the 1956 Act”). The Minister does not have a discretion to grant a passport if the applicant has not satisfied him as to his/her citizenship and therefore is not entitled to a passport as a matter of law. The absence of discretion is confirmed by section 12(1)(a) of the 2008 Act.
The submitted application was checked for passport entitlement on 6 April 2023. However, the proofs submitted do not establish the applicant's entitlement to Irish citizenship under section 6A(1) of the 1956 Act, since residence that arises from permissions to remain in the State that have been issued to a person for study reasons is excluded for the purposes of section 6A(1) of the 1956 Act by section 6B(4)(b) of that Act.
As the application was considered to be incomplete, the Passport Service first contacted the applicant’s father on 19 April 2023 to inform him of the situation. It was suggested to him at that stage to consider submitting proofs relating to the applicant’s mother to see if her lawful residence could demonstrate her son’s entitlement to Irish citizenship. A further and similar email on this matter was sent by the Passport Service on 17 May 2023. To date, no additional proofs have been submitted by the applicant’s parents for the consideration of the Passport Service.
It remains open to the applicant's parents to submit the requested documentation in support of the application, which remains live.
