Residency Permits

Questions (190)

Bernard Durkan

Question:

190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in regard to determination of eligibility in respect of residency/naturalisation in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [12207/13]

View answer

Written answers (Question to Justice)

The 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 30th April, 2010, 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 then 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 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 fully 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 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.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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.

Deportation Orders

Questions (191)

Bernard Durkan

Question:

191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he has studied the papers associated with the refugee, asylum and residency application in the case of a person (details supplied); if consideration will be given to the revocation of deportation order in this case on the basis of the considerable doubt and subjective nature of conclusions appertaining to this case; and if he will make a statement on the matter. [12208/13]

View answer

Written answers (Question to Justice)

I have previously outlined the position in respect of this case in response to numerous Parliamentary Questions from the Deputy. The person concerned is the subject of a Deportation Order signed on 28th June, 2004. He has been evading his deportation since 3rd November, 2009 and as such he is committing an offence. Should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay. As a matter of policy, I do not intend to reward persons who have failed a very fair, thorough and comprehensive asylum process, and who have then proceeded to evade their deportation for several years.

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.

Family Reunification Applications

Questions (192)

Bernard Durkan

Question:

192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding family reunification application in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12209/13]

View answer

Written answers (Question to Justice)

The individual referred to currently has a visa application under consideration. The visa application was received in the Visa Office, Abuja on 15 November 2012. A preliminary assessment of the application has been completed. Cases of this type are dealt with in chronological order and a comprehensive examination of the application referred to will take place in due course. The actual processing time for dealing with such applications can vary depending on the particular circumstances of each individual case and the type of investigation required. The nature of the application referred to by the Deputy requires more in depth consideration than straightforward 'visit' visas.

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.

Deportation Orders

Questions (193)

Bernard Durkan

Question:

193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the process to be followed in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [12210/13]

View answer

Written answers (Question to Justice)

I refer the Deputy to my reply below to Parliamentary Question Number 2223/13 of 17th January, 2013. The situation is unchanged since then.

The person concerned is the subject of a Deportation Order signed on 20 April 2010, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

However, if new information or circumstances have come to light, which have a direct bearing on his case and which have arisen since the original Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

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 (194)

Bernard Durkan

Question:

194. 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 Dublin 20. [12211/13]

View answer

Written answers (Question to Justice)

I can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter has issued to the person referred to by the Deputy asking them to submit the prescribed fee and other documents. Upon receipt of the fees and documentation, the case will be finalised and a certificate of naturalisation will issue.

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.

Naturalisation Applications

Questions (195)

Bernard Durkan

Question:

195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency/eligibility for naturalisation entitlement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12212/13]

View answer

Written answers (Question to Justice)

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 October, 2012. The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.

The person was granted permission to reside in the State on Stamp 4 conditions under the Long Term Residency scheme. This permission is valid until 08/06/2015. 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.

Naturalisation Applications

Questions (196)

Bernard Durkan

Question:

196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status/entitlement to long term residency/eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12213/13]

View answer

Written answers (Question to Justice)

I refer the Deputy to my reply to Dáil Questions Nos 1215 of 18th September, 2012, and 152 of 27 September 2012 which relate to the person the subject of this question also. In my reply of 18th September I stated "the person referred to by the Deputy has permission to remain and work in the State until 6 January 2013. He has not contacted INIS in relation to an extension of permission to remain in the State beyond that date or to change the status of that permission."

This remains the position. The person referred to by the Deputy should make an application regarding an extension of his immigration permission, to the General Immigration Section of the Irish Naturalisation and Immigration Service (INIS), 13/14 Burgh Quay, Dublin 2.

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.

Naturalisation Applications

Questions (197)

Bernard Durkan

Question:

197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of entitlement to naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12214/13]

View answer

Written answers (Question to Justice)

I am pleased to inform the Deputy that the person referred to had her application granted and was presented with a Certificate of Naturalisation at a citizenship ceremony held at the Convention Centre, Dublin on 30 August 2012. Where sections 6A and 6B of the Irish Nationality and Citizenship Act 1956, as amended, are applicable, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence. Entitlement of a child to Irish citizenship is determined by the Passport Office following receipt of an application for a passport on the child's behalf.

Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied.

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 (198)

Bernard Durkan

Question:

198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position regarding determination of residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [12215/13]

View answer

Written answers (Question to Justice)

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person in question was granted a short term permission to allow her to apply for a work permit in 2011. It appears from our records that she was not granted a work permit and did not renew her permission. Further enquiries are being carried out regarding her immigration status in the State and INIS will be in touch with her in the coming weeks.

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.

Naturalisation Applications

Questions (199)

Bernard Durkan

Question:

199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of residency update/eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [12216/13]

View answer

Written answers (Question to Justice)

I am advised that an application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in October, 2006 and my predecessor, in his absolute discretion, decided to refuse the application. The person concerned was informed of this and the reasons for it in a letter issued on 12th January, 2009. It is open to the person in question to lodge a new application if and when he is in a position to meet the statutory residency requirements applicable at that time. The granting of Irish citizenship through naturalisation is a privilege and an honour 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.