Written Answers Nos. 215-227
215. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determination of eligibility for naturalisation in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [32843/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that valid applications for a certificate of naturalisation were received from the persons referred to by the Deputy in May, 2012.
The applications are being processed with a view to establishing whether the applicants meet 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.
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.
216. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determination of residency status or eligibility for naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [32844/13]
View answerThe persons concerned are a husband and wife who entered the State on separate dates in 2005, as students, and were granted permission to remain until 23rd November, 2006 and 22nd February, 2006 respectively. They have remained in the State without permission since then. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 2nd February, 2009, that the then Minister proposed to make deportation orders in respect of them. They were each 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 written representations to the then Minister setting out the reasons why they should not have a Deportation Order made against them. Representations have been submitted on behalf of the persons concerned.
The position in the State of the persons concerned 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. 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.
Given that the persons concerned have no current right of residency in the State, they would not, at this time, be in a position to meet the lawful residence criteria applicable to persons wishing to make an application 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.
217. Deputy Bernard J. Durkan asked the Minister for Justice and Equality notwithstanding his reply to previous parliamentary questions, in the case of a person (details supplied) in Dublin 1, if he will make a statement on the matter. [32845/13]
View answerThe person concerned has not submitted any documentary evidence to suggest that the European Court of Justice Judgment in the Zambrano case has any relevance to his case. It may be that while his children are Irish born, they are not entitled to claim Irish citizenship. The Deputy will appreciate that, in an Irish context, the Zambrano Judgment will only apply to third country national parents of an Irish born minor citizen child or children who are residing in this State with that child or children.
Given that the person concerned has never held a right of residency in the State on work permit or work authorisation conditions, he would not be in a position to meet the criteria applicable to persons applying to my Department for Long Term Residency status.
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.
218. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status or both in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32846/13]
View answerThe person concerned currently has permission to remain in the State until 9th January, 2014. This decision was conveyed to her by letter dated 28th July, 2011. It will be open to the person concerned to apply for the renewal of that permission one month before it expires.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that no application for a Certificate of Naturalisation has been received from the person concerned. However, it will be open to the person concerned to apply for a Certificate of Naturalisation when she 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 the INIS Website (www.inis.gov.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.
219. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to long-term residency or eligibility for naturalisation in the case of a person (details supplied) in County Cork who has two Irish-born children; and if he will make a statement on the matter. [32847/13]
View answerI refer the Deputy to my detailed Reply to his recent Parliamentary Question, PQ No. 212 of Thursday, 27th June 2013 - copied beneath - in this matter. The position is unchanged since then.
The person concerned is a failed asylum applicant. Arising from the refusal of her 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 27th February, 2009, 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 person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Her judicial review leave application was refused by the High Court on 11th April, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.
The person concerned has 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 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.
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.
220. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to the determination of citizenship application in respect of a person (details supplied) in County Kildare who needs authorisation to travel abroad on 23 August next for family reasons and return here, if the process is likely to be concluded by that time or if alternative travel documentation is necessary; and if he will make a statement on the matter. [32848/13]
View answerI can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter issued to the person referred to by the Deputy asking her to submit the prescribed fee and other documents, which have been received.
The person concerned will be invited in due course to attend the next citizenship ceremony on 27th August 2013, at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.
If a non-EEA visa required person wishes to leave the State for a short period of time, they must apply, in advance of making any travel arrangements, for a re-entry visa.
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.
221. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to 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. [32849/13]
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 November, 2011.
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.
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.
222. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the residency entitlements in respect of residency or naturalisation of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32850/13]
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 persons referred to in the Deputy's Question.
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.
The first and second named persons referred to by the Deputy currently have permission to remain in the State until 14th August 2013. The permission to remain of the third named person has expired since 13th May 2013. It is a requirement that such immigration permission be kept up to date at all times.
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.
223. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in respect of the ten persons who were deported from Ireland to Kinshasa on 16 June, if he will detail the circumstances surrounding his decision to sanction the deportation of the persons in view of the fact that no deportations to the Congo have taken place since mid-2011; if he acknowledges that the risks and dangers facing the persons have not changed since 2011 and in some cases have even worsened; if he will suspend future deportations to the Congo taking into account the increasing instability of the region; and if he will make a statement on the matter. [32857/13]
View answerOn 16th June last, 10 failed asylum seekers were deported from Ireland to Kinshasa in the Democratic Republic of Congo (DRC) on a chartered flight which was organised through the EU Frontex network. Belgium, France and Germany also participated in this joint return operation.
In enforcing the law in this respect, Ireland is no different to other countries who also remove individuals who have no lawful right to remain within their territory. Ireland, like other EU member states, uses deportation of illegal immigrants and failed asylum seekers as the policy of last resort. The process leading to a deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders. It should also be noted that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law.
In determining whether to make a deportation order, I must have regard to the factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act 1996, as amended.
This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. My Department uses extensive country of origin information drawn from different independent sources in evaluating the safety of making returns to third countries, including the Democratic Republic of Congo. The countries that participated in this operation, i.e., Belgium, France and Germany also adhered to this standard in this instance as do all EU Member States for such operations.
Each asylum application received from a citizen of the Democratic Republic of Congo is considered on the basis of the facts, individual circumstances and merits of the case presented and a final decision is reached following a comprehensive examination and investigation of these facts, merits and circumstances taking full account of the political and human rights conditions prevailing in DR Congo and the latest reports of the United Nations High Commission for Refugees.
224. Deputy Peadar Tóibín asked the Minister for Justice and Equality his views on a matter (details supplied) regarding European Refugee Fund, ERF, and European Integration Fund, EIF, funding. [32858/13]
View answerThe European Refugee Fund and the European Fund for the Integration of Third-Country Nationals operate on the basis of annual programmes submitted by Member States and approved by the Commission. The eligibility period for an annual programme extends for a year and a half after the end of the year in question. So, the eligibility period for the annual programmes up to and including 2011 has ended and it is not possible to allocate unspent monies under those programmes.
Up to and including the 2010 Annual Programme (which is the latest for which final figures have been compiled), over €3.4 million, amounting to 40% of the national allocation, was unspent due to an insufficiency of suitable projects with the required level of matching funding.
My Department intends to have a call for applications under the European Refugee and Integration Funds in the near future with the aim of making payments to successful projects before the end of the year. An issue which arises is how to accommodate the existing Funds with the Asylum and Migration Fund which will replace them. Specifically, the eligibility period for the Asylum and Migration Fund commences on 1 January 2014 and, for the reason outlined above, it will overlap with that of the existing Funds until 30 June 2015. My Department is in contact with the European Commission on this aspect.
While the EU legislation on the Asylum and Migration Fund has yet to be adopted, preparations for the Fund are under way. My Department is due to undertake a policy or programming dialogue with the European Commission in October on the basis of which a national multiannual programme for expenditure from the Fund will be drawn up. This dialogue is with the Member State and there is no provision for civil society groups to be directly involved. However, the relevant draft Regulation contains an article on partnership with such groups and with other bodies in the preparation etc. of national programmes. The exact terms of this provision are still the subject of negotiation. However, it is my intention that appropriate consultation will take place with such bodies in the preparation of Ireland's programme.
225. Deputy Kevin Humphreys asked the Minister for Defence the number of requests for the tapping or interception of conversations on mobile or landline telephones that have been approved in the past year; and if he will make a statement on the matter. [32646/13]
View answer226. Deputy Kevin Humphreys asked the Minister for Defence the regulations or judicial protections that apply to requests for the tapping or interception of conversations on mobile or landline telephones here; if he will outline the procedure that applies for such requests; and if he will make a statement on the matter. [32647/13]
View answer227. Deputy Kevin Humphreys asked the Minister for Defence the number of requests submitted for the interception of communications through a mobile or landline telephone belonging to a journalist or politician that have been submitted in the past year; and if he will make a statement on the matter. [32648/13]
View answerI propose to take Questions Nos. 225 to 227, inclusive, together.
The Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 and the Criminal Justice (Surveillance) Act 2009 provide for surveillance to be conducted by the Defence Forces in the interests of the security of the State.
The powers provided to the Defence Forces in these Acts are subject to the restrictions and safeguards that are outlined in the legislation, including a system of judicial supervision with reports submitted to An Taoiseach by designated judges appointed by the President of the High Court to review the conduct of the Acts. These Acts also provide that such reports are laid before each House of the Oireachtas.
For security and operational reasons, I am not in a position to provide the details sought of any such surveillance.
