Written Answers Nos. 170-181
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determination of residency and citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [39979/12]
View answerThe person concerned claimed asylum in the State in April 2004 and had his claim examined by the Office of the Refugee Applications Commissioner. Following an appeal to the Refugee Appeals Tribunal, it was recommended that he should be recognised as a refugee. Based on this recommendation, the person concerned was advised of my decision to issue him with a formal declaration of refugee status in September 2005. This communication also advised the person of the rights and entitlements accompanying refugee status in the State. The person continues to hold the status of refugee in the State.
An application for a certificate of naturalisation was received in the Citizenship Division of my Department in May 2010. On examination of the application submitted, it was determined that the application be returned in its entirety to the person concerned for further attention in June 2010. In order to be fair to all applicants, only valid applications can be considered. I have been advised that no further correspondence has been received by Citizenship Division.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date and expected outcome in the determination of residency and or entitlement to citizenship in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [39980/12]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain for a period of five years on 12 January, 2010 on the basis of being the spouse of an EU citizen, who was residing in the State and was exercising her EU Treaty Rights. The grounds under which she was granted permission to remain in the State no longer apply, as her EU spouse is no longer residing in this State exercising his EU Treaty Rights. Therefore, the permission to remain which was granted under the provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has now been revoked.
On 6 October, 2011 the person was informed that her permission to remain was now revoked. The matter is now being considered by the Removals Section of INIS under Regulation 20 (1) (a) of the European Communities (Free Movement of Persons Regulations) 2006 and 2008.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to regularise and update residency status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [39981/12]
View answerThe person concerned entered the State on 3 June, 2000 and was last granted permission to remain until 23 July, 2010. The person concerned remained in the State since that date without the permission of the Minister. Consequently, in accordance with Section 3 of the Immigration Act 1999, the person concerned was notified, by letter dated 10 November, 2010, 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 not have a Deportation Order made against her.
The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
173. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of residency status and or entitlement to naturalisation in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [39982/12]
View answerThere is currently no application pending in my Department for residency or naturalisation in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending. Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister on whether such status should be granted. All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.
174. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position and procedures to date in determination of residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [39983/12]
View answerArising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 21 May, 2010 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 a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before a final decision is made. Enquiries are currently being made in relation to trafficking in this case. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
175. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date and procedures still to be followed in the matter of determination of residency status in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [39984/12]
View answerThe first and second named persons concerned entered the State on different dates and lodged separate asylum applications. Their child was born in the State in 2009 and lodged a separate asylum claim. Their asylum applications were all considered individually by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the persons concerned did not meet the criteria for recognition as refugees.
Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters that the Minister proposed to make Deportation Orders in respect of them. They were each 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 a Deportation Order should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The first named person concerned submitted applications for Subsidiary Protection and later withdrew these applications. The first named person concerned and her child will now have their cases decided by reference to the provisions of 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. All representations submitted will be considered before final decisions are made. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the first person concerned and her child.
The second named person concerned submitted an application for Subsidiary Protection. When consideration of this applications has been completed, the person concerned will be notified in writing of the outcome. In the event that the second named persons application for Subsidiary Protection is refused, the position in the State of that person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the second named person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
176. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position in regard to residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [39985/12]
View answerThe person concerned is the subject of a Deportation Order, signed on 10 July 2009, following a comprehensive and thorough examination of her asylum claim and her application for subsidiary protection, and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
The child of the person concerned is an Irish Citizen. An application by the person concerned in respect of the Zambrano judgement has been received. The person concerned has been asked to submit further representation and when these representations are received her case will be considered. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
177. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Dublin in the matter of family reunification; and if he will make a statement on the matter. [39986/12]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was approved as the subject of a Family Reunification application in May 2004. The person referred to by the Deputy was informed of this by letter on 4th May 2004. It is not possible to comment further without knowing the details of the case. Accordingly, the person concerned should write to the Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2 setting out the circumstances of their case.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
178. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will consider upgrading from Stamp 2 to Stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [39987/12]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person in question arrived in the State on 16th April, 2005 and was registered as a student from 9th July 2005 to 29th August 2012. The person referred to by the Deputy has not made any application to INIS to upgrade his status to stamp 4. It appears that the person has exceeded the maximum 3 year period that a non EEA national is permitted to remain in the State to pursue a course of studies at language and non degree level. However, If the person has a pending work permit application it is open to him to apply to his local registration office for a short extension of his permission to remain in the State pending a decision on the work permit application.
179. Deputy Joe Higgins asked the Minister for Defence if he will explain the reason Army personnel who have served longer than 21 years lose their increment upon reaching retirement age. [39827/12]
View answerUnder the pre-April 2004 Defence Forces Pension Schemes, the minimum service required for an immediate pension in the case of NCOs and Privates is 21 years, regardless of age. The 21-year pension consists of the following elements, all of which are payable for the person’s lifetime: (a) basic flat-rate pension that varies according to rank; plus (b) an addition in respect of military service allowance (MSA) equal to 40% of the MSA rate where discharged since August 1990; and (c) if applicable, fixed percentage additions in respect of certain other qualifying payments such as technician pay.
An ‘additional increment’ is also payable at a flat rate for each year of service in excess of 21 years up to a maximum of 31 years. This increment is increased, where appropriate, by the top-up at (c). Where maximum pensionable service is 31 or more years, the MSA top-up is 50% of the rate of MSA (rather than 40%). However, the additional increment ceases to be payable when the pensioner reaches the qualifying age of 66 under the Social Welfare code for a State Pension (Contributory), or if they become entitled to a State Pension (Transition) at the earlier age of 65. At the same time, the 50% MSA top-up reverts to the 40% rate.
These arrangements are in accordance with the long established principle of integrating occupational pensions with Social Insurance benefits of employees who are in full PRSI class. This includes NCOs and Privates, who are fully insured for the range of benefits under the Social Welfare Acts such as the State Pension. ‘Integration’ means that a person’s entitlement to Social Insurance benefits such as the State Pension is taken into account when calculating the rate of occupational pension payable. The State Pension etc. is regarded as part of the overall pension package payable to the individual. The integration principle applies right across the public service and, indeed, in many areas of the private sector as well as in other countries.
However, the method of integration for military pensioners is actually less severe than in other areas of the public service. The maximum personal rate of State Pension is currently €230.30 a week (if under age 80). This is considerably greater than any reduction that could arise under the pre-April 2004 Defence Forces’ pension arrangements on qualification for the State Pension.
The general issue of integration of occupational pensions in the public service was examined by the Commission on Public Service Pensions. Its final report, published in November 2000, was considered and broadly accepted by Government. The Commission accepted that integration is a fundamental component in the public service pension framework and was strongly of the view that it should be continued. It did not make any recommendations that would affect the current integration arrangements applicable to these retired NCOs and Privates.
180. Deputy Jack Wall asked the Minister for Defence the facilities or procedures available to Army personnel (details supplied); and if he will make a statement on the matter. [39719/12]
View answerThe provision of assistance to a family of a deceased member of the Defence Forces to help meet bereavement costs is provided for in Defence Forces Regulations A10 (New Series) Ceremonials and Funerals. In the case of the death of a serving member of the Defence Forces it is normal practice for a Liaison Officer to be appointed to liaise with relatives of the deceased member. Paragraph 10 of DFR A10 (New Series) provides that claims for payment of funeral accounts shall be channelled through the Liaison Officer appointed.
181. Deputy Bernard J. Durkan asked the Minister for Defence the number and type of aircraft available to the Air Corps for training and or other purposes including rescue; the number of such aircraft normally air worthy at any given time; the number of any such aircraft mothballed or otherwise deemed not airworthy for whatever reason on average over the past three years; and if he will make a statement on the matter. [39960/12]
View answerI am advised that there are a total of 27 aircraft operating from Baldonnel, of this total 3 aircraft are operated for Garda Síochána related activities (namely two EC 135 Helicopters and 1 Fixed wing craft). The remaining 24 aircraft are available to the Air Corps. The types of the aircraft are as follows:
TYPE OF AIR CORPS AIRCRAFT IN OPERATIONAL SERVICE
|
Helicopters (8) |
No. |
Usage |
|
EC 135 |
2* |
Two used for pilot training. *1 of the pilot training aircraft is currently out of operational use due to a recent landing incident. |
|
AW 139’s |
6 |
General purpose military operational and training - 1 AW 139 currently used for the Emergency Aero medical Service (EAS) |
|
Fixed Wing (16) |
No. |
Usage |
|
Gulfstream IV |
1 |
Dedicated to the Ministerial Air Transport Service. |
|
Learjet 45 |
1 |
Dedicated to the Ministerial Air Transport Service. It is also available as an air ambulance. |
|
CASA |
2 |
Maritime patrols, fishery protection and the reporting of inshore pollution. In the course of fishery protection patrols the CASA can be used from time to time in support of the Customs National Drug Team at the request of the latter body. |
|
Cessna |
5 |
Provides support to Army and Garda operations and can undertake Inland Fishery Protection. |
|
Pilatus PC9 |
7 |
The PC9s provide basic flight training for Cadets. |
The maintenance of the aircraft fleet falls into three broad categories: scheduled, unscheduled and routine/daily. The use of Power by the Hours/Performance Based maintenance contracts assists the Air Corps in keeping downtime of aircraft at the absolute minimum. The Air Corps operate a maintenance plan which endeavours to ensure that the maximum number of operational flying hours is available from aircraft when most needed. With regard to disposal of aircraft for the period in question, the Beechcraft Super King Air 200 and its associated spare parts have recently been sold through an open tender competition to Davis Aviation, USA.
