Written Answers Nos. 130-137
130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38860/13]
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.
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 her to submit certain documents. Upon receipt of the documents, the person concerned will be invited to a citizenship ceremony, at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.
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.
131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [38863/13]
View answerI can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter has issued to the person referred to by the Deputy asking her to submit the prescribed fee and other documents. When the fee and documentation has been received, the person concerned will be invited in due course to attend a citizenship ceremony, at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.
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.
132. Deputy Charlie McConalogue asked the Minister for Justice and Equality the likely time frame for recruitment to An Garda Síochána; and if he will make a statement on the matter. [38878/13]
View answerBefore recruitment can commence, there are a number of procedural issues that need to be finalised prior to the formal commencement of the process which I expect to get underway in the coming weeks, with the first students entering the Garda College in Templemore, Co Tipperary in mid-2014.
The competition will be run by the Public Appointments Service on behalf of the Garda Commissioner. An announcement will be issued as soon as recruitment starts, both on their website (www.publicjobs.ie) and directly to those who have registered an expression of interest in joining the Garda Síochána.
Persons who would like to join An Garda Síochána and have not yet registered their interest in doing so may sign up at www.publicjobs.ie.
133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding update of Stamp 4, confirmation of residency status and eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [38992/13]
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 15 May, 2014. In addition, a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.
The person concerned was requested to provide further information and documentation in a letter issued on 12 August 2013. Upon receipt of the requested information, processing of the application will be finalised and the case will be submitted to me for decision.
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.
134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [38993/13]
View answerThe person concerned has been granted permission to remain in the State for the period to 7 June, 2016. This decision was conveyed in writing to the person concerned by letter dated 7 June, 2013. Officials 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 this person.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
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.
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.
135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the regularisation of residency status/eligibility for naturalisation in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [38994/13]
View answerI refer the Deputy my answer to Dail Question no. 220 of 16 May 2013, in relation to the same person. I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy, currently has permission to remain on Stamp 2 conditions until 09 November 2013.
The person does not have an application pending with my Department. However, all non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The person referred to by the Deputy arrived in the State on 05 December 2006 and registered on 02 January 2007. She will have accumulated 7 years in November 2013 and as such does not qualify for a Stamp 4 status. When her permission expires she will be required to leave the State.
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.
136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or expected position regarding residency status/eligibility for naturalisation in the case of a person (details supplied) County Kildare; and if he will make a statement on the matter. [38995/13]
View answerThe person concerned has had her permission to remain in the State renewed for a further three year period, to 20 July 2016. This decision was conveyed in writing to the person concerned by letter dated 15 August, 2013.
I am advised that, to date, no application for a Certificate of Naturalisation has been received from 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.
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 answerThe 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.
