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Asylum Applications

Dáil Éireann Debate, Thursday - 19 September 2013

Thursday, 19 September 2013

Questions (137)

Bernard Durkan

Question:

137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding any requirements outstanding in the context of upgrading of residency status/eligibility for naturalisation in the case of a person (details supplied) in Dublin 6W; and if he will make a statement on the matter. [38996/13]

View answer

Written answers

The person concerned had a Deportation Order made against him, on 27 March, 2012, following the refusal of his asylum application and the subsequent consideration of his case under Section 3(6) of the Immigration Act 1999 (as amended). The person concerned lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against him. These proceedings were settled by agreement. In accordance with the agreed Terms of Settlement, the Deportation Order was revoked and the person concerned was afforded the opportunity to submit, within a specified period, fresh representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Such representations have been submitted and will be considered, along with all other information on file, before a final decision is taken in this case. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

Given that the person concerned has sought to rely on the terms of the Zambrano Judgment to advance his case to remain in the State, he has, through his legal representative, been requested to submit a colour photo-copy of the bio-data page of his child's Irish Passport. This item remains outstanding and, as such, should be submitted to my Department without further delay.

The Deputy should note that as the person concerned has no current right of residency in the State, he would not, at this time, 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.

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