Thursday, 18 Jul 2013

Written Answers Nos. 568-580

Immigration Policy

Questions (568)

Robert Troy

Question:

568. Deputy Robert Troy asked the Minister for Justice and Equality the procedure for dealing with unauthorised non-Irish nationals who have spent a considerable time frame here (details supplied). [36665/13]

Written answers

Minister for Justice and Equality

All non-EEA nationals in Ireland have a responsibility to remain compliant with the State's immigration laws including having an appropriate permission and to register with the Garda National Immigration Bureau. Any person not compliant with the law should contact the immigration authorities setting out the circumstances of their individual case, how they came to be in the State unlawfully and if there are any extenuating factors.

Ignoring the law and not engaging with the immigration services is not an option and places such persons in a position where the regularisation of their situation is made much more difficult in the long run leading to the issue of a Deportation Order and ultimately removal from the State. Persons unlawfully in the State have the option of leaving voluntarily and there is a voluntary return programme operated by the International Organisation for Migration which provides some financial assistance to those who choose this option.

Illegal migration and employment is detrimental to the legal economy and it is also incumbent on the State to ensure that it does not find itself in a position where it must take up financial obligations in respect of individuals who have not respected our laws.

Garda Vetting of Personnel

Questions (569)

Robert Troy

Question:

569. Deputy Robert Troy asked the Minister for Justice and Equality the actions he has taken to reduce the waiting time for Garda vetting to be carried out. [36666/13]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that the current average processing time for applications is approximately 14 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. All organisations registered for Garda Vetting are aware of the processing time-frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process.

I remain in ongoing contact with the Garda Commissioner as to how best the service can continue to be delivered and improved upon, while at all times protecting the integrity of the process. Clearly, the protection of children and vulnerable adults is the primary objective of the Garda Central Vetting Unit and this must remain the case. The possibility of introducing an e-vetting system has been assessed and the Garda authorities are now in the process of developing a system which will enable vetting applications to be submitted electronically through a secure web service. In addition, the system will facilitate the checking and monitoring of applications. The relevant work is being pursued on a priority basis and it will be completed as quickly as possible.

The Garda Commissioner has informed me that there are now 1 Superintendent, 3 Sergeants and approximately 127 whole time equivalent civilian personnel assigned to the Garda Central Vetting Unit. With further assignments of staff this month, staffing at the Unit will be of the order of 140 (whole time equivalent) staff, which represents an increase in staff assigned to the Unit of almost 50% since March this year. As staff become fully trained on the vetting process I expect there will be a positive effect on vetting times. My Department is also examining the scope for the redeployment of additional personnel from within the public service to the Unit.

Residency Permits

Questions (570)

Bernard Durkan

Question:

570. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will examine the possibility of extending stamp 2 to stamp 4 residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36694/13]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person in question has not made an application to INIS to change his immigration status in the State. This person should be advised to do so immediately to enable this request to be examined.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using Oireachtas Mail facility which has been specifically established for this purpose. This services 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 (571)

Bernard Durkan

Question:

571. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [36695/13]

Written answers

Minister for Justice and Equality

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 27th March, 2009, 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 written 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 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.

Residency Permits

Questions (572)

Bernard Durkan

Question:

572. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [36696/13]

Written answers

Minister for Justice and Equality

The person concerned formally applied for asylum on 24th April, 2007. In accordance with the provisions of Section 9 of the Refugee Act 1996 (as amended), she was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. These proceedings were 'settled' with the consequence that her appeal was remitted to a different Member of the Tribunal for a fresh determination. This appeal was also refused so the later decision of the Tribunal, and the subsequent decision of the Minister, stood.

The person concerned was notified, by letter dated 31st December, 2012, that the 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 written 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 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.

Residency Permits

Questions (573)

Bernard Durkan

Question:

573. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [36697/13]

Written answers

Minister for Justice and Equality

The person concerned was granted permission to remain the State on 10 June, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. In 2007, this permission was renewed for a further three years. Subsequently the Garda National Immigration Bureau (GNIB) renewed her permission to remain with her latest renewal due to expire on 6 March, 2016.

A valid application for a certificate of naturalisation was received from the person concerned in June, 2012. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

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 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.

Residency Permits

Questions (574)

Bernard Durkan

Question:

574. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status and or procedures to be followed in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [36698/13]

Written answers

Minister for Justice and Equality

There is currently no application pending in my Department for residency in respect of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy will be aware that it is not the practice to comment on applications which have not fully completed this process.

Residency Permits

Questions (575)

Bernard Durkan

Question:

575. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to residency status-eligibility for citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [36699/13]

Written answers

Minister for Justice and Equality

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 4 July 2013.

Residency Permits

Questions (576)

Bernard Durkan

Question:

576. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or expected position in regard to residency-naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [36700/13]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State for a period of five years - up to 15 January, 2014.This permission is based on being the spouse of an EU citizen who is resident in the State and in exercise of EU Treaty rights in accordance with the provisions of S.I. No. 656 of 2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (as amended) and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

The right of a third country national family member to reside in a host Member State is a derived right dependent on the EU citizen residing in the State and exercising their EU Treaty rights in accordance with Section 6(2) of the Regulations. Where the EU citizen family member ceases to satisfy the conditions of Regulation 6(2), the derived right conferred on the third country national family member may no longer apply.

I understand that INIS is currently awaiting a response from the individual concerned to a letter of 3 July, 2013 to the individual's Solicitor requesting additional information, in order to establish if the third country national continues to hold a right of residency in the State in accordance with the provisions of the Regulations and Directive. When a reply is received the matter will be examined further.

I am also informed by Citizenship Division of INIS that there is no record of an application for a certificate of naturalisation having been submitted by the person 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). An on-line residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.

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 (577)

Bernard Durkan

Question:

577. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if in the case of a person (details supplied) in Dublin 22, it can be noted that in respect of their naturalisation application, some of the correspondence from INIS has registered their name incorrectly; if this is likely to present any delay in the process of their application; and if he will make a statement on the matter. [36701/13]

Written answers

Minister for Justice and Equality

I 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 May, 2012.

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 him to submit the prescribed fee and other documents. Upon receipt of the fee and documentation, the case will be finalised.

The name in which the application has been processed and in which all correspondence has been issued is in the sequence as stated by the applicant on his application form and as appears on his national passport.

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 (578)

Bernard Durkan

Question:

578. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all documentation required by his Department, which were sent by a person (details supplied) in Dublin 20 have been received in his Department notwithstanding the conflicting correspondence of the 31 May 2013, 18 June 2013 and 9 August 2013 regarding this application; and if he will make a statement on the matter. [36702/13]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was the subject of a Deportation Order signed on 20 April 2010. The Deportation Order was revoked on 23 May 2013 following receipt of representations from the person's legal representative.

An application for residency in the State arising from marriage to an Irish national was subsequently received in the Spouse of Irish National Unit of INIS on 31 May 2013. The person concerned was advised on the same date that their application for residency arising from marriage to an Irish national would be treated as an application received during January 2013 on account of their previous correspondence with INIS and their immigration history which has the effect of expediting their application.

The latest position is that INIS wrote to the legal representative of the person concerned on 16 July 2013 seeking the submission of documentation required in order to finalise their application and that a response to same is awaited.

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.

Deportation Orders Re-examination

Questions (579)

Bernard Durkan

Question:

579. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if notwithstanding his replies to previous parliamentary questions in the case of a person (details supplied) in County Waterford, if he will examine the details of the decision which forms the basis of his present status in view of the very considerable conflict of conclusions based on information submitted and what appears to be on overemphasis on drawing a negative conclusion when none was obvious having particular regard to the very considerable instability in his homeland at and since the time of decision; and if he will make a statement on the matter. [36703/13]

Written answers

Minister for Justice and Equality

I have outlined the position in replies to previous Parliamentary Questions from the Deputy on this case, the most recent on 9th July, 2013. The situation has not changed. I am satisfied that the person concerned had his application for asylum fairly and comprehensively examined, therefore the decision to make a Deportation Order against him is justified.

As a matter of policy, it would be logistically inconsistent to review a person's case who has failed a very fair and comprehensive asylum process, and who initially evaded his deportation for a number of 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.

Residency Permits

Questions (580)

Bernard Durkan

Question:

580. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to stamp 4 update, residency status-eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36704/13]

Written answers

Minister for Justice and Equality

The person concerned was granted permission to remain in the State for the period to 19th March 2013. This decision was conveyed in writing to the person concerned by letter dated 5th September, 2011. As set out in that decision letter, the person concerned was required to apply in writing for the renewal of his permission to remain before it expired. As my Department's records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay.

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 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 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.