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Thursday, 24 Jan 2013

Written Answers Nos. 171-8

Ministerial Meetings

Questions (171)

Kevin Humphreys

Question:

171. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he or his officials met any representatives of the tobacco industry in the last six months; and if he will make a statement on the matter. [3624/13]

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Written answers

I wish to inform the Deputy that neither I nor any officials in the Department of Justice and Equality have met with representatives of the tobacco industry in the last six months.

Citizenship Applications

Questions (172)

Bernard Durkan

Question:

172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [3658/13]

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Written answers

An application for a certificate of naturalisation on behalf of the first named person was received from the second named person on 21 December 2012.

On examination of the application, an essential document was not included. The Citizenship section is currently in correspondence with the applicant and examining its files in order to resolve this issue.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Residency Permits

Questions (173)

Bernard Durkan

Question:

173. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question Nos. 181 of 4 October 2012 and 6 December 2012, the position regarding update of Stamp 4 in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [3659/13]

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Written answers

The person concerned was granted Leave to Remain in the State for the period to 18 April, 2012. This decision was conveyed in writing to the person concerned, at his then last notified address, by registered letter dated 18 April, 2011. This letter was returned to the Irish Naturalisation and Immigration Service (INIS) by An Post, marked, "not called for".

On 21 February, 2012, a formal "take back" request was received from the United Kingdom (UK) in respect of the person concerned in accordance with the provisions of Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was accepted by Ireland and the person concerned was formally transferred from the UK to Ireland on 19 September, 2012.

The person concerned made an application for the renewal of his temporary permission to remain and this application is under consideration at present. Once a decision has been made on this application, 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.

Citizenship Applications

Questions (174)

Bernard Durkan

Question:

174. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [3660/13]

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Written answers

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the first named person in September 2010 and applications for a Certificate of Naturalisation on behalf of the second and third named persons were received from their father in September 2011 and June 2011 respectively.

The application for a Certificate of Naturalisation from the first named person is at an advanced stage of processing and she will be informed of my decision in due course. A Certificate of Naturalisation issued to the parent of the second named applicant on 3 October 2012. The application on behalf of the third person referred was approved by me and the final processing of the Certificate is at an advanced stage. Further clarification in regard to the correct spelling of the minor's name was requested from the applicant in a letter issued 22 January 2013. Once this requested information has been received, the Certificate will issue to the applicant parent.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Residency Permits

Questions (175)

Bernard Durkan

Question:

175. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position in respect of residency status and eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [3661/13]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy came here on 19 June 2006 as an asylum seeker. She was refused refugee status by the Refugee Asylum Commissioners, a decision which was later affirmed by the Refugee Appeals Tribunal. The person in question has sought to have the Tribunal's decision overturned by way of Judicial Review and that application is currently before the Courts.

As the Deputy will be aware, the person in question on 26 May 2011 applied to EU Treaty Rights Section, INIS for a right of residence to be in the State. On 30 November 2011 the residence permission was granted for a period of five years until 28 November 2016, based on being a spouse of an EU citizen who was resident in the State and in exercise of their EU Treaty Rights under Statutory Instrument No. 656 of 2006 (as amended) which transposed Directive 2004/58/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

It later came to the attention of EU Treaty Rights Section that the circumstances under which the grant of this derived right of residence had been issued were no longer applying and therefore EU Treaty Rights Section issued a letter on 4 January 2013 stating that Section's intention to revoke the derived right of residence and outlining the reasons why. The letter also invited written representations to be made within 10 days of the date of the letter setting out the reasons as to why the derived right of residence of the person in question should not be revoked. EU Treaty Rights Section are awaiting a response to this letter.

I am not in a position to comment on the outcome of any intention to revoke the residence permission of the person referred to by the Deputy until any investigation by EU Treaty Rights Section is completed.

Officials in my Department state that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

Citizenship Applications

Questions (176)

Bernard Durkan

Question:

176. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date and expected position in regard to the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [3662/13]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in March, 2012.

The application is at an advanced stage of processing and the applicant will be informed of my decision in due course.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Citizenship Applications

Questions (177)

Bernard Durkan

Question:

177. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding progress and determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [3663/13]

View answer

Written answers

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that the application for a certificate of naturalisation received from the person referred to by the Deputy is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Citizenship Applications

Questions (178)

Bernard Durkan

Question:

178. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [3664/13]

View answer

Written answers

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Section of the Irish Naturalisation and Immigration Service (INIS) in May, 2011. On examination of the application it was determined that the person concerned did not meet the statutory requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing the applicant of this was issued on 7 June, 2011.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. No further application has been submitted to date by the person referred to.

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.

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