Written Answers Nos. 195-203
195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the various procedures undertaken to date in the course of determination of entitlement to residency/naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [10915/13]
View answerI refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 229 of Thursday, 20th December, 2012 - copied beneath - in relation to this matter. The position is unchanged since then. Additionally, the Deputy will appreciate that as the persons concerned have no current right of residency in the State, they would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.
The persons concerned comprise a father and a mother and their two children. The father applied for asylum on 4th March, 2008. His asylum claim was refused. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 5th December, 2008, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The Judicial Review proceedings were struck out on 12th October, 2010 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. The position in the State of the father 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. Any 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.
The mother also applied for asylum on 4th March, 2008. Her asylum claim was also refused. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), she was notified, by letter dated 15th November, 2010, 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 mother submitted an application for Subsidiary Protection. When consideration of this application has been completed, she 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. Any 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 mother concerned.
A separate asylum application was lodged on behalf of the couple's eldest child on 13th May, 2008. This application was also refused. Arising from the refusal of this asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), this child was notified, by letter dated 15th November, 2010, 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. This child lodged an application for Subsidiary Protection. When consideration of this application has been completed, the child 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 child 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. Any 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 child concerned.
An asylum application was lodged in respect of the couple's second child on 10th July, 2012. The Deputy will appreciate that it is not my practice to comment on individual asylum applications where a final decision has not been made. It is unlikely that the Zambrano Judgment will have any impact on the cases of the couple in question given that no evidence has been submitted to date to suggest that any of the couple's children can claim an entitlement to Irish citizenship. The Deputy will appreciate that, in an Irish context, the terms of the Zambrano Judgment can only be applied to third country national parents of an Irish born minor citizen child who are residing in this State with their Irish born minor citizen child or children.
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.
196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure followed to date in the matter of determination of eligibility for residency/naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [10916/13]
View answerThere are currently no applications pending in my Department for residency or naturalisation in respect of the persons whose details were supplied. If applications for asylum have been made by the persons concerned, the Deputy will be aware that it is not the practice to comment on applications which have not completed this process. All applications for refugee status 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.
197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding eligibility for naturalisation and update of Stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [10917/13]
View answerThe person concerned was granted leave to remain in the State, on Stamp 4 conditions, for the two year period ending 17th May, 2013. This decision was conveyed in writing to the person concerned by letter dated 18th May, 2011. The person concerned is required to apply in writing for the renewal of this permission one month in advance of its expiry date. As a result, any such renewal application should be made in mid-April, 2013. It will be open to the person concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when he 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.
198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to validate the application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [10918/13]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must be of full age, be of good character, have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years, intend in good faith to continue to reside in the State after naturalisation - have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons. 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.
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.
199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if persons (details supplied) in County Kildare can avail of family reunification in respect of the two children, aged six and seven years; and if he will make a statement on the matter. [10919/13]
View answerI wish to inform the Deputy that Family Reunification procedures apply only in the case of persons who have been granted refugee status. The family to whom he refers are not in this category. It is, however, open to all persons resident outside the state who are visa required and who wish to travel to Ireland to apply to their nearest Irish Embassy or Consulate for the appropriate visa. A Join Family visa application may be the most appropriate in this case. Each visa application is considered on its individual merits, the onus resting with the applicant to satisfy the Visa Officer as to why a visa should be granted. Guidelines on the visa application process, including details of the required supporting documents, are available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).
Queries in relation to general immigration matters 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.
200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when an application for residency will be authorised in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [10933/13]
View answerThe Irish Naturalisation and Immigration Service (INIS) has no record of an application for permission to remain in the State in respect of the person concerned. I should add that INIS has no record of any visa application to enter the State in respect of the person concerned. Accordingly, as the person concerned is illegally in the State, INIS will be in contact with him, through his family members, regarding his future status in the State in the very near future.
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.
201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he will review the case of a person (details supplied) in Dublin 15 in the matter of the person's efforts to have a case for long-term residency-eligibility for naturalisation in line with submissions made by the person's legal representatives and in view of their efforts to improve their education and economic independence; and if he will make a statement on the matter. [10934/13]
View answerThe person concerned arrived in the State on 13 August 2003 and made an application for asylum on 14 August 2003. The Refugee Applications Commissioner refused him a declaration of refugee status by letter dated 9 February 2005. Judicial Review proceedings were lodged challenging, inter alia, the age assessment. By letter dated 9 February 2006 the person concerned was invited to make a new application for asylum. The person made a new application for asylum on 15 February 2006. The Refugee Applications Commissioner refused him a declaration of refugee status by letter dated 24 May 2006. This decision was subsequently upheld by the Refugee Appeals Tribunal and this was notified to the person on 23 April 2009.
On 27 May 2009 the person was informed that it was proposed to make a Deportation Order in his case and he was invited to apply for Subsidiary Protection and to make representations under section 3 of the Immigration Act 1999. Having considered the Subsidiary Protection application and the representations, a Deportation Order was signed on 3 June 2010. The person was notified by letter dated 10 June 2010. The person concerned instituted Judicial Review proceedings on 24 June 2010 challenging the Deportation Order made in respect of him and accordingly, as the matter is sub judice, I do not propose to comment further.
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.
202. Deputy Seán Ó Fearghaíl asked the Minister for Defence if it is proposed to transfer any NCOs currently stationed in Coláiste Caomhín, Mobhi Road, Glasnevin, to Newbridge, County Kildare, or to any other location; and if he will make a statement on the matter. [10811/13]
View answerI am advised by the military authorities that following completion of the re-organisation of the Defence Forces from a 3 Brigade to a 2 Brigade structure, the General Staff decided to redeploy elements of Defence Forces Headquarters, to best meet the future needs of the Defence Forces. Part of this redeployment involves the moving of the Directorate of Human Resources Branch, with the exception of the Personnel Support Service (PSS) and the Civilian Employment Liaison Officer, from its current location in Colaiste Caoimhin, Glasnevin to the Defence Forces Headquarters in Newbridge, Co. Kildare. I understand that the relocation to Newbridge is scheduled to take place between 24-28 June 2013, with the Human Resources Branch due to be operational there with effect from Monday 1 July 2013. I am further advised that the Director of Human Resources informed personnel that those wishing to transfer out of Human Resources Branch, as a result of the move to Newbridge, would be facilitated where possible, in a manner that will be managed centrally by the Director and considered on a case by case basis. I am advised that this is to ensure that the required efficiencies and outputs of HR Branch continue to be achieved in the period leading up to the redeployment and thereafter. I further understand that the process of endeavouring to facilitate personnel from Human Resource Branch who do not wish to move to Newbridge has commenced.
203. Deputy Kevin Humphreys asked the Minister for Defence if he will provide a list of the members or former members of the judiciary who, during the past five years, have acted as chairperson or member of any body in or under his Department, or as chairperson or member of any inquiry, or have performed functions including arbitration, mediation, conciliation, patronage, advisory or law reform functions or any other role in or in any body under his Department or in any body wholly or partly funded by him, specifying in each case the name of the judge; if he or she is serving or retired; the Court of which he or she is or was a member; the role or function performed; and if he will make a statement on the matter. [10877/13]
View answerSections 184(K) and 184(D) of the Defence Act 1954, as amended, provides for the establishment of a committee for the purpose of assessing the suitability of candidates for appointment as Military Judge and Director of Military Prosecutions. One member of this independent committee shall be a Judge of the High Court, nominated by the President of the High Court. The following table outlines the names and role of the appointed member of the judiciary to this committee.
|
Name |
Court |
Serving / retired |
Role |
|
Mr. Justice Paul Gilligan |
High Court |
Serving* |
Nominated to serve on a Committee established under section 184K in both 2007 and 2010. |
|
Mr. Justice Paul Gilligan |
High Court |
Serving* |
Nominated to serve on a Committee established under section 184D in 2007. |
|
Mr. Justice Kevin Crosse Kevin Cross |
High Court |
Serving* |
Nominated to serve on a Committee established under section 184K in 2012. |
* *All Judges were serving at the time they performed the functions outlined.
Section 184LA of the Defence Acts, as amended, provides for a Circuit Court Judge to perform the functions of the Military Judge in certain circumstances, including where there is a vacancy for the position of Military Judge. Under the provisions of section 184LA Mr Justice John D. O’Hagan was nominated by the President of the Circuit Court to perform the functions of a Military Judge, on a temporary basis. Mr. Patrick A. McCourt, retired Military Judge, was appointed as Ombudsman for the Defence Forces under the provisions of section 2(2) of the Ombudsman (Defence Forces) Act 2004 with effect from 07 November 2012.
Section 240A of the Defence Act 1954 as inserted by Section 71 of the Defence (Amendment) Act 2007 provides for the establishment of a Courts-Martial Committee - a new Court-Martial rule making authority for the purpose of regulating the practice, pleading and procedure generally before Courts-Martial. The Committee consists of 6 nominated members, one of whom is a Judge of the Circuit Court nominated by the President of the Circuit Court. The nominated Judge acts as chairperson of the Committee. Judge Donagh McDonagh, a serving Circuit Court Judge, currently holds this position since his nomination on 21 May 2007.
