Thursday, 7 March 2013

Questions (188)

Bernard Durkan

Question:

188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the process to date and procedure to be followed to progress the application for long term residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [12205/13]

View answer

Written answers (Question to Justice)

The person concerned is a failed asylum applicant. Following the consideration of her case in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, a Deportation Order was made in respect of the person concerned on 24th November, 2011.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against her. These proceedings were 'settled' with the agreed Terms of Settlement providing, among other things, for the Deportation Order to be revoked and the person concerned being given the facility to submit fresh representations within a defined period. While no such further representations have been received to date, the person concerned has been allowed until 7th March, 2013 to submit any such further representations. Upon receipt of any such representations, the position in the State of the person concerned will be further considered.

The Deputy will appreciate that as the person concerned has no current right of residency in the State, the issue of an application for a certificate of naturalisation does not arise at this time. Neither would she be in a position to meet the eligibility criteria applicable to persons applying for the immigration status of Long Term Residency as she does not have the required periods of lawful residency on work permit or work authorisation conditions.

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.