Irish Nationality and Citizenship Act 1956

F52[Applications for certificates of nationality by persons to whom section 6A applies.

28A

28A.—(1) A person who makes an application under section 28 shall make and provide to the Minister or an Irish diplomatic or consular officer a declaration in such manner as may be prescribed that his or her parent resided in Northern Ireland for such period as is stated in that declaration.

(2) The Minister or an Irish diplomatic or consular officer may require a person who makes an application under section 28 to produce to him or her—

(a) documents of such a class as may be prescribed, or

(b) such other documents as he or she considers necessary or expedient to enable him or her to perform his or her functions under this section.

(3) For the purposes of this section different classes of documents may be prescribed in respect of different classes of person making an application under section 28.

(4) This section applies to a person who claims to be entitled to be an Irish citizen under section 6A(1) by virtue of one of his or her parents having resided—

(a) in Northern Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years, or

(b) in Northern Ireland and the State for periods the aggregate of which is not less than 3 years,

but shall not include a person one of whose parents was, during the entire of that period or those periods and at the time of the person's birth, a national of a Member State, an EEA state or the Swiss Confederation.

(5) An application under section 28 in respect of a minor shall be made on his or her behalf by his or her parent or guardian, or by a person who is in loco parentis to him or her.

(6) An application under section 28 in respect of a person who is suffering from a mental incapacity shall be made on his or her behalf by a person duly authorised to act on his or her behalf.]

Annotations:

Amendments:

F52

Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 14, S.I. No. 873 of 2004.

Editorial Notes:

E39

Power pursuant to section exercised (4.01.2005) by Irish Nationality and Citizenship Regulations 2005 (S.I. No. 1 of 2005).

E40

The section title is taken from the amending section in absence of one included in the amendment.