Dáil Éireann Debate, Wednesday - 13 June 2012
174 Deputy Patrick Nulty asked the Minister for Justice and Equality the criteria that applies in relation to applications for Irish citizenship; the length of time to process applications; the reason there are discrepancies in application process times; if he will introduce a right to an explanation and reason for refusal to ensure transparency in the system; and if he will make a statement on the matter. [28638/12]
Amharc ar fhreagraSection 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:
be of full age,
be of good character,
have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years,
have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows:
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process. As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. It is a statutory requirement that, inter alia, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time.
Measures I introduced last year have resulted in a significant increase in the number of cases decided. Already this year I have made a decision in approximately 13,500 applications and in total this year I expect to have made a decision on some 24,000 applications. By contrast approximately 16,000 valid citizenship applications were determined in 2011 and just under 7,800 cases in 2010.
I undertook to get to the stage by the second quarter of this year, that in the generality of cases i.e. around 70%, that persons applying for a certificate of naturalisation will be given a decision on their application within six months. In this regard, a major effort has and continues to be made in reducing the time taken to process applications. It is expected that the six month timeframe for the generality of new applications received from this month onwards will be achieved.
The Irish Nationality and Citizenship Act 1956, as amended provides that the Minister may decide to grant or refuse an application in his absolute discretion. Where an application is refused, in general, the letter issued to an applicant informing him or her of my decision will provide reasons for that decision insofar as it is appropriate to do so and where the explanation given cannot be interpreted as a fettering of the absolute discretion given to the Minister in the Act. In relation of appeals, there is no provision under the Irish Nationality and Citizenship Act 1956 as amended for appeal in relation to an application for a certificate of naturalisation. I would make the general comment that these issues have been tested before the Courts and have been found to be in accordance with the law.
