All passport applications are subject to the provisions of the Passports Act 2008 as amended (“the 2008 Act”). The 2008 Act provides, among other things, that a person must be an Irish citizen before a passport can be issued to him/her. Entitlement to Irish citizenship is in turn determined by the Irish Nationality and Citizenship Act, 1956 as amended (“the 1956 Act”), under which and in general Irish citizenship may be obtained by birth, by descent or by naturalisation.
A person is entitled to Irish citizenship if they were born on the island of Ireland before 1 January 2005 or after that date subject to certain conditions. Section 6A of the 1956 Act, provides that a person born in the State on or after 1 January 2005 where neither parent is an Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction, may claim citizenship by birth in the State where a parent has been lawfully resident in the State for 3 years of the 4 years preceding their birth.
In respect of the application referred to, I am advised by the Passport Service that sufficient evidence of a parent's lawful residence in the State for 3 years of the 4 years preceding the birth of the child applicant in question was not received. Furthermore, I am advised that the Passport Service has issued a letter this week to the applicant on outlining the matter in further detail.