Written Answers Nos. 1042-1060
1042. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of eligibility in respect of application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [37196/13]
View answerThe person concerned is the subject of a Deportation Order, which was signed on the 20 August, 2009, following a thorough and comprehensive examination of her asylum claim and her application to remain temporarily in the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State and accordingly is not eligible to make an application for residency. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.
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.
1043. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of eligibility for application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [37197/13]
View answerThe 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 28th August, 2007, 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 written representations to the then 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 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.
1044. Deputy Finian McGrath asked the Minister for Justice and Equality if he will change his mind on the grave injustice to the Bethany Home Survivors Group. [37202/13]
View answer1051. Deputy Finian McGrath asked the Minister for Justice and Equality if he will act immediately on the Bethany Home issue. [37216/13]
View answerI propose to take Questions Nos. 1044 and 1051 together.
Since taking office I have indicated my willingness to address the question of the Magdalen laundries and separately the Bethany Home.
Along with Minister Lynch I met with those women who had been admitted to and worked in the laundries and listened to their stories. The McAleese committee was set up to establish the facts regarding Magdalen laundries and following on from that the Government decided to establish a scheme of benefits on the lines recommended by Judge Quirke. In looking into the issues raised relating to the Bethany Home I and Minister of State Lynch met with the Bethany Survivors Group this year. Many of the issues raised by the group fell outside the remit of my Department. However, I informed the group that I would consider the matter in consultation with my cabinet colleagues and revert back to them. This has been done and unfortunately the members of the group are disappointed with the outcome. The main demand of the Bethany Group is to be included in the Residential Institutions Redress Scheme which falls under the remit of the Minister for Education and Skills. He met with the Bethany Home Survivors Group in May 2011, but at that time he found no basis to revisit the decision of the previous Government that the Bethany Home should not be included.
Following my meeting with the Bethany Group, the matter of inclusion in the Residential Institutions Redress Scheme was considered at Cabinet but the position remains unchanged.
1045. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37205/13]
View answerI refer the Deputy to my reply below to Parliamentary Question No. 34146/13 of the 11 July, 2013. The position is unchanged since then:
I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned is the subject of a Deportation Order and is therefore illegally present in the State.
The person concerned arrived in the State on 15 May 2000 claiming to be from South Africa and claimed asylum. Her asylum claim was refused on the grounds of credibility. A Deportation Order was signed on 23 September, 2002. By letter dated 8 November, 2002 the person concerned was informed that she was required to present to the Garda National Immigration Bureau on 15 November, 2002 to make arrangements for her deportation. She failed to present and was classed as an evader.
In 2009 the person concerned made an application for a residence card on the basis of her marriage to an EU national and was given permission to remain in the State while this was considered. In 2010 the person concerned was informed that this application was unsuccessful as she had failed to demonstrate that her EU spouse was exercising his EU Treaty Rights in accordance with the requirements of the Regulation.
In 2011 the person concerned made a second asylum claim and when it was discovered that she was a dual applicant the application was withdrawn.
I am satisfied that the asylum application of the person concerned was fairly and comprehensively examined. 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.
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.
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.
1046. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position in respect of eligibility for residency or naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [37206/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy currently has permission to remain in the State until 9 August, 2015. A valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.
The Deputy will appreciate that the granting of Irish citizenship through naturalisation as provided for in law is 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. The application is currently at an advanced stage of processing and the person concerned will be informed of my decision in due course.
The Deputy may wish to note that 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 established specifically 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.
1047. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide a safety and security plan for local residents in an area (details supplied) in Dublin 17 to deal with anti-social behaviour. [37207/13]
View answerI am informed by the Garda authorities that the area referred to is within the Coolock Garda Sub-District. Local Garda management is aware of anti-social behaviour and criminal activity in the area and, most recently, has introduced a new Policing Plan in response to this type of criminality. The Plan came into effect from 1 August 2013 and includes dedicated patrols in the area at key times. I am advised that the Plan has had a positive impact in addressing anti-social behaviour in the area and has been the subject of favourable comment by local elected representatives, Dublin City Council and local residents groups since its implementation. In addition to the measures contained in the Plan, the area is patrolled regularly by uniform and plain clothes patrols, augmented by the Divisional Traffic Unit and Task Force. The area continues to receive high visibility patrolling by the Community Policing Unit based at Coolock.
Local Garda Management closely monitors the Policing Plan, and other operational strategies in place, in conjunction with crime trends and policing needs of the community in the area to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. The situation will be kept under review and paramount consideration given to the needs of residents.
I am assured that Garda management is satisfied that a full and comprehensive policing service is being delivered to the area concerned.
1048. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position regarding residency or citizenship in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [37211/13]
View answerThe 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 5th August, 2011, 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 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.
The Deputy should note that as the person concerned has no current right of residency in the State, she 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.
1049. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position in relation to an application for naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [37212/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.
As the Deputy will appreciate, 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. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. I am informed that this 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 Deputy may wish to note that 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 established specifically 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.
1050. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in respect of an application for permission to remain for long-term residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [37213/13]
View answerThe permission to remain in the State of the person concerned expired on 24 August, 2013. He submitted a written request for a further renewal of temporary leave to remain in July, 2013. Following a recent review of his case file by the Irish Naturalisation and Immigration Service, I am informed that a decision to grant further permission to remain in the State was conveyed in writing to the person concerned on 11 September, 2013.
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.
1052. Deputy Finian McGrath asked the Minister for Justice and Equality further to Parliamentary Question No. 720 of 12 April 2005 (details supplied), if he will provide an update on same [37223/13]
View answerI am informed by the Garda authorities that the investigation into the criminal complaint referred to formed part of a Garda investigation into a number of alleged incidents at a particular educational institution. I am further advised that the parents of the person referred to were informed of the outcome of the investigation insofar as it related to their child. My Department has no information concerning the medical records referred to in the details supplied by the Deputy.
1053. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of an application for a visa in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37227/13]
View answerThe application referred to by the Deputy was received in the Dublin Visa Office on 8 August, 2012. It was refused by the Visa Officer on 7 September, 2012. A refusal letter issued to the Irish reference on 13 September 2012. The decision of the Visa Officer to refuse the application was not appealed within 60 days ( the requisite time-frame in which an appeal must be submitted ) of the refusal date. As the applicant failed to appeal the decision, no further review of the application can be undertaken. It is, however, open to the applicant to make a fresh application.
1054. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of residency status or eligibility for naturalisation in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [37228/13]
View answerThe 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 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.
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.
1055. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status eligibility for citizenship or both in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37229/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy currently has permission to remain in the State until 21 March 2015. A valid application for a certificate of naturalisation has been received from the person concerned .
The Deputy will appreciate that the granting of Irish citizenship through naturalisation as provided for in law is 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. 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 Deputy may wish to note that 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 established specifically 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.
1056. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in respect of application for permission to remain pursuant to Section 3(6) of Immigration Act 1999 and section 5 of Refugees Act 1996 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37230/13]
View answerThe 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 31st October, 2000, 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. While written representations were submitted by and on behalf of the person concerned, no final decision was made in the case at that time.
Given that there was no further contact from or on behalf of the person concerned for some considerable time, it was taken that he had left the State and, as such, no further consideration was given to his case file. However, his case file was re-activated in May, 2008 when correspondence was received from his then legal representative indicating that further representations would be submitted. No further representations were submitted at that time. However, in June 2013, the legal representative of the person concerned made contact with this Department and, as a result, his case file has been re-activated.
The position in the State of the person 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 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.
1057. Deputy Andrew Doyle asked the Minister for Justice and Equality if his attention has been drawn to the significant impact of fraud on the elderly from deceased estates; the crime prevention measures in place for preventing this type of fraud; if local crime prevention officers have been involved with schemes to counteract this activity; if he will provide a breakdown in the current value of such fraud taking place nationally over the last number of years; and if he will make a statement on the matter. [37270/13]
View answerAn Garda Síochána investigate all alleged incidents of fraud, and crime prevention advice includes guidance on protecting one's property and financial affairs from fraud, including advice directed specifically at the needs of older persons, as part of Garda Older People Strategy. The Gardaí are also represented by the Garda Bureau of Fraud Investigation and Garda Community Relations Bureau on a working group under the aegis of the HSE examining the Financial Abuse of Older Personsand the report of this group is currently at a draft stage. Insofar as the very specific type of fraud referred to by the Deputy is concerned, I have requested a report from the Garda authorities in relation to this matter and will contact the Deputy directly as soon as the report is to hand.
1058. Deputy Finian McGrath asked the Minister for Justice and Equality if he will support a matter regarding anti-social acitivity (details supplied) in Dublin 9. [37302/13]
View answerI am informed by the Garda authorities that the area in question is within the Clontarf Garda Sub-District. Local Garda management is aware of a number of complaints from businesses and residents in the area regarding anti-social behaviour. The area has been identified by the Garda authorities as a hot spot for anti-social behaviour.
There is a Community Garda assigned to the area, which is regularly patrolled by uniform and plain clothes patrols, augmented by the Divisional Traffic Unit and Task Force. The area continues to receive high visibility patrolling by the Community Policing Unit.
Local Garda management closely monitors patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the community in the area to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. The situation will be kept under review and paramount consideration given to the needs of residents.
1059. Deputy Finian McGrath asked the Minister for Justice and Equality if he will support a matter (details supplied) in Dublin 5 regarding anti-social activity. [37321/13]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
1060. Deputy Noel Harrington asked the Minister for Justice and Equality if he will clarify the legal position regarding SI 307 of 2009, section 4, as raised by a person (details supplied) in County Cork; and if he will make a statement on the matter. [37325/13]
View answerStatutory Instrument 307 of 2009: ‘Firearms (Secure Accommodation) Regulations 2009’, outlines the security requirements of firearm owners in this State, depending on the number and type of firearm(s) they have licensed.
The only exception (as provided in the first Section of the schedule in S.I 307 of 2009) to the minimum requirement of a gun safe is for an individual who has one non-restricted shotgun. The minimum requirement in that situation is that:
" The shotgun shall be disassembled and each part shall be stored securely and separately when not in use.
The trigger housing shall be secured against use with an appropriate trigger lock."
It is important to note that the Statutory Instrument specifies minimum requirements. It is open to the Garda Síochána to impose a condition that goes beyond these minimum requirements if they consider it necessary in the interests of public safety and security.
I note from the details supplied that the requirement for a gun safe for a 0.22 air rifle is questioned. I would consider air rifles, particularly those of 0.22 calibre, to be dangerous weapons when inappropriately handled. Accordingly I have no plans to revise the Statutory Instrument at this stage. I will forward to the Deputy an article in the Journal of Clinical Pathology outlining fatalities and injuries caused by the misuse of air weapons.
