Written Answers Nos. 193-200
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Written Answers Nos. 193-200
193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position in regard to residency-eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [15905/13]
View answerThe person concerned has been granted permission to remain in the State for the period to 25th April, 2014. This decision was conveyed in writing to the person concerned by letter dated 18th December, 2012.
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.
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 County Longford; and if he will make a statement on the matter. [15906/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in June, 2011. The application is at an advanced stage of processing 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.
195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding eligibility for residency-naturalisation in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [15907/13]
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. It should be noted that the fifth named person concerned has been granted Leave to Remain in the State for the period to 18th July, 2013. This decision was conveyed in writing to the fifth named person concerned by letter dated 18th July, 2012.
196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a visa in respect of family reunification will issue in respect of persons (details supplied) in Dublin 3; and if he will make a statement on the matter. [15908/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the Family Reunification application in respect of the wife of the person in question was approved. This was communicated to the applicant by a letter issued on 31st January 2012. That letter set out the necessary steps to be followed following approval, including directions on applying for a visa for entry. Once the application is approved the onus is on the applicant to ensure the appropriate application for a Visa is made.
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.
197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency-eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [15909/13]
View answerThe cases referred to the Deputy encompass a father, a mother and their child. The father was the subject of an individual asylum application while the couple's child was included as a child dependant in his mother's claim meaning that any determination or decision made in her case applied equally to him.
Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 24th May, 2004, that the then Minister proposed to make deportation orders in respect of them. They were 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 deportation orders should not be made against them. They were subsequently notified of their respective entitlements to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The persons concerned submitted applications for subsidiary protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for subsidiary protection are refused, the position in the State of the persons 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 considered before final decisions are made. Once decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons concerned. The Deputy should note 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.
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 position regarding determination of eligibility for long-term residency-naturalisation in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [15910/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is the subject of a Deportation Order and has no residency status in the State. Therefore the issue of naturalisation does not arise. The Deportation Order was signed on 11th March 2005 following a comprehensive and thorough examination of his asylum claim and of his application to remain in the State. The person concerned has been evading his deportation since 19 May 2005 and should he come to the notice of the Gardaí, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.
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.
199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 193 of 7 March 2013, if he will re-examine the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [15911/13]
View answerI refer the Deputy to my reply below to Parliamentary Question Number 12210/13 of 7th March 2013 and previous Questions. The situation is unchanged since then and it remains open to the applicant to avail of the process outlined at paragraph two of the reply.
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.
200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress and procedure to date in the matter of examination of an application for residency-eligibility for naturalisation in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [15912/13]
View answerArising from the refusal of the asylum application made by the person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 13th September, 2005, 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 reasons why he should not have a Deportation Order made against him. Representations were submitted on behalf of the person concerned at that time.
The person concerned was subsequently informed of his entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. He submitted an application for subsidiary protection and, following consideration of this application, it was determined that he was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 25th July, 2011.
The case file of the person concerned will now be considered in accordance with 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, by and on behalf of the person concerned, will be fully considered in advance of a decision being 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 should note that as the person concerned has no current right of residency in the State, he would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.
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.
