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Naturalisation Applications

Dáil Éireann Debate, Thursday - 19 September 2013

Thursday, 19 September 2013

Questions (150)

Bernard Durkan

Question:

150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in regarding residency status-eligibility for naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [39010/13]

View answer

Written answers

The persons concerned are a family unit comprising a father, a mother and three minor children. All family members claimed asylum with one child being included as a child dependant in her mother's case while all the other family members were the subject of individual asylum claims. All asylum applications have now been refused.

Arising from the refusal of the various asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by letters dated 20th June 2012, 20th February, 2013 and the 22nd August, 2013, that the 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 written representations to the Minister setting out the reasons why a Deportation Order should not be made against them. In addition, they were 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 proceeded to lodge 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 positions 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 none of the persons concerned has a 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.

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