Written Answers Nos. 158-167
158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will extend the temporary permission to remain in the case a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2225/13]
View answerThe person concerned has been granted Leave to Remain in the State for the period to 25th April, 2014. This decision was conveyed in writing to the person concerned by letter date 18th December, 2012. This position is consistent with the permission to remain granted to the mother of 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.
159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency entitlement to naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2226/13]
View answerThe person concerned has been granted Leave to Remain in the State for the three year period to 18th April, 2015. This decision was conveyed in writing to the person concerned by letter dated 18th April, 2012. It will be open to the person concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when she is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's Website (www.justice.ie).
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.
160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and projected position in regard to residency status entitlement to naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2227/13]
View answerI refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 264 of Thursday, 8th November, 2012, copied beneath. The position is unchanged since then.
The person concerned is a failed asylum applicant. Arising 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 29th September, 2008, that the then 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, including those relating to the possible relevance of the Zambrano Judgement to the case of the person concerned, 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.
I can confirm for the Deputy that his correspondence dated 2nd October, 2012, and accompanying documentation, has been received in my Department. This has been associated with the case file of the person concerned and will be considered at the appropriate time.
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.
161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or position position regarding residency eligibility for naturalisation in the case of a person (deytails supplied) in County Kildare; and if he will make a statement on the matter. [2228/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his 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 31st October, 2000, that the then Minister proposed to make a Deportation Order in respect of him. He 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 him. While written representations were submitted by and on behalf of the person concerned, no final decision was made in the case at that time.
Given that there was no further contact from or on behalf of the person concerned for some considerable time, it was taken that he had left the State and, as such, no further consideration was given to his case file. However, his case file was re-activated in May, 2008 when correspondence was received from his legal representative indicating that further representations would be submitted in the near future. However, no further representations were submitted at that time or since. 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 on file 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.
162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to update of Stamp 4 in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [2229/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that an application was received from the person in question on 28 February 2012 requesting a change of her immigration status from stamp 3 (dependant conditions) to a stamp 4 (not required to hold a work permit). This application was refused on 1 June 2012 as the person had permission to be in the State on stamp 3 conditions up to 17 February 2013 and had no entitlement to the change of status requested. The person in question may apply to the General Immigration Division of INIS for a change of status if her circumstances have changed as her permission is due to expire soon. Applications are processed on a case by case basis, taking individual circumstances into account.
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.
163. Deputy Charlie McConalogue asked the Minister for Justice and Equality when a person (details supplied) in County Donegal will be issued with details of their employment records; and if he will make a statement on the matter. [2236/13]
View answerThe Commissioner has informed me that all members including former members, who wish to apply for a complete record of their sick leave held in An Garda Siochana must do so under Section 4 of the Data Protection Acts, 1988 - 2003. They must complete the Data Protection Access Request form (F20) and submit the application together with a small fee to the Data Protection Office, Garda Central Vetting Unit, Racecourse Road, Thurles, Co.Tipperary. If the request is being made on behalf of a member, a Form of Authority must accompany the application. In compliance with section 4 of the Data Protection Act 1988 -2003, An Garda Síochána are legally obliged to issue a disclosure to all members including former members within 40 days of the request being received. Alternatively, members, including former members, may apply for specific parts of their records on an administrative basis. Such requests are dealt with individually. To date no such applications have been received from the former member in question.
164. Deputy Sean Fleming asked the Minister for Justice and Equality if he will provide, on a departmental-agency basis, the number of persons who are seeking transfers to other locations; the number of transfers that took place in 2012 on a county basis on the number of transfers that took place in 2012; and if he will make a statement on the matter. [2752/13]
View answerThe Human Resources Division of my Department manage a very substantial number of staff transfers across my Department and other Civil Service Departments and Offices each year. Such transfers arise for a variety of reasons one of which may be a request from a staff member to transfer to another area of my Department or to another Department/Office. There may be a range of different reasons for such a transfer request, one of which may be geographic location. Due to the large variation in the range and circumstances of staff transfers each year, it is not possible to readily isolate the numbers and breakdown sought by the Deputy in respect of transfers which have arisen as a result of requests from staff and attempting to retrieve this information would involve a disproportionate dedication of staff resources. I have, however, set out information on how staff of my Department can seek transfers which may be of assistance to the Deputy.
The main avenues that staff can follow if they are seeking a transfer are as follows:
- Staff can submit a formal request to Human Resources Division for a transfer within the Department;
- Staff can submit a formal request to Human Resources Division for a transfer to a specific location. Such requests are forwarded to all Civil Service Departments with offices in the location;
- Staff can respond to requests from Human Resources Division for expressions of interest for specific posts;
- Staff can seek to identify a head to head transfer with other staff of the same grade across the Civil Service.
In such cases both Departments must be satisfied as to the suitability of the transferees, with particular reference to their respective performance and attendance records.
I am sure that the Deputy will appreciate that, while account is taken of individual preferences, the priority will always be to maintain a balanced and appropriate level of staff resources in priority areas and to match people with the most relevant skills to the requirements of posts.
165. Deputy Sean Fleming asked the Minister for Defence if he will provide, on a departmental-agency basis, the number of persons who are seeking transfers to other locations; the number of transfers that took place in 2012 on a county basis on the number of transfers that took place in 2012; and if he will make a statement on the matter. [2746/13]
View answerMy Department currently has expressions of interest on file from 2 staff who are seeking transfers from the Department of Defence in Newbridge, Co. Kildare to a Dublin based Department. The following table sets out details of staff who requested and obtained transfers from the Department of Defence to other locations in 2012.
|
Staff Numbers |
From Location |
To Location |
|
2 |
Newbridge, Co. Kildare |
Dublin |
|
1 |
Newbridge, Co. Kildare |
Cork |
|
1 |
Galway |
Westmeath |
166. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine his views on a case in which the State forestry company, Coillte has refused to buy or give a grant for planting land, designated under EU legislation as protected, due to the presence of hen harriers; and if he will make a statement on the matter. [2112/13]
View answerCoillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as decisions relating to the sale or acquisition of land which take place regularly, are the responsibility of the company.
167. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive their disadvantaged payment. [2057/13]
View answerThe holding of the person named was recently confirmed as having satisfied the minimum stocking density requirements of the 2012 Disadvantaged Areas Scheme. Accordingly, processing of the application has been finalised and payment will shortly issue to the nominated bank account.
