Tom Sheahan
Question:270 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Kerry will be granted naturalisation. [9701/09]
View answerTuesday, 10 March 2009
Questions (245, 246, 247)
Written answers
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in September 2008. The average processing time from application to decision is now at 23 months. The Citizenship Division is currently commencing further processing of applications received in mid 2007. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.
Ciaran Lynch
Question:271 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform when a decision or determination will be made in the case of a person (details supplied) in County Cork who is seeking the right to remain here; and if he will make a statement on the matter. [9746/09]
View answerThe person concerned, accompanied by her two children and a dependant minor niece, arrived in the State on 8 January 2006 and applied for asylum. Her children and niece were included in her asylum application. The person concerned gave birth to a child in the State in early 2006 and this child was also included in his mother's asylum application. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 August 2006, that the Minister proposed to make Deportation Orders in respect of her and the children included in her application. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and the children included in her application, should be allowed to remain temporarily in the State. No representations were submitted at that time. The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.
The person concerned also made an application for residency in the State on the basis of being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations, 2006, a decision was made to refuse the application. The person concerned was notified of this decision by letter dated 13 October 2008. Arising from the refusal of her residency application, the person concerned was notified, in accordance with Section 3 of the Immigration Act, 1999 (as amended), that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned did not submit an application for Subsidiary Protection in the State in accordance with these Regulations. Representations were, however, submitted on her behalf.
The case file of the person concerned now falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by and on behalf of the person concerned will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision. The Deputy might wish to note that any decision reached in the context of the person concerned will apply equally to the dependants included in her application.
Dan Neville
Question:272 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform when naturalisation will be processed in respect of a person (details supplied) in Dublin 14. [9787/09]
View answerAn application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in February 2008. Officials in that Section inform me that processing of the application has been completed and the file will be submitted to me for a decision in due course.