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Thursday, 17 Oct 2013

Written Answers Nos. 156-65

Garda Operations

Questions (156)

Thomas P. Broughan

Question:

156. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on Garda Operation Trident; the number of persons arrested and charged as part of this operation; the number of successful convictions obtained; the amount of drugs seized; and if this operation is still active. [43922/13]

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Written answers

I am informed by the Garda authorities that Operation Trident was a policing initiative conducted between January and April 2013 targeting drug distribution in the South Dublin area.

I am advised that on foot of this Operation, which has now concluded, twenty nine people have been arrested and charged with offences relating to this investigation. I am further informed that the majority of these cases are currently before the courts and as such no convictions have been recorded to date.

In relation to the amount of drugs seized as a direct result of this Operation, I am advised by the Garda authorities that it would require a disproportionate use of Garda time and resources to obtain this information.

Road Traffic Offences

Questions (157)

Thomas P. Broughan

Question:

157. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the number of vehicles seized by An Garda Síochána in the Garda R and J districts in years 2011, 2012 and to date in 2013. [43923/13]

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Written answers

I am informed by the Garda authorities that 1,220 vehicles were seized in 2011 in the R and J Garda Districts under the provisions of the Road Traffic Act, 1994. 1,174 vehicles were seized in 2012 and 926 to 15 October, 2013. It should be noted that the figures provided are provisional, operational and liable to change.

Residency Permits

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 will be updated in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [43960/13]

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Written answers

The person concerned is a sibling of an Irish born citizen child of non-EEA parents born in the State prior to 1 January, 2005. The person concerned was granted permission to remain in the State on a stamp 4 basis for one year on 19 September, 2012. This permission was subsequently renewed on 19 September, 2013 and is valid until 19 September, 2014.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 (159)

Bernard Durkan

Question:

159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 194 of 3 October 2013 and previous questions therein, if permission to remain may be granted in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [43962/13]

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Written answers

The position with this person remains the same as was previously stated in my replies to Parliamentary Questions No. 194 of 3 October 2013 and No. 1103 of 18 September 2013.

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 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 (160)

Bernard Durkan

Question:

160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to residency status/eligibility for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [43963/13]

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Written answers

The person concerned was granted temporary permission to remain in the State in 2001 under the arrangements then applicable to the non-EEA national parents of Irish born citizen children. This permission was renewed on a regular basis with the latest permission due to expire on 30 September, 2014.

An application for a certificate of naturalisation has been received from the person concerned. 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.

Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (INIS) of my Department 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.

Immigration Status

Questions (161)

Bernard Durkan

Question:

161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if temporary residency status will be granted in the case of a person (details supplied) in County Limerick who has been employed here and paid income tax under PAYE here for seven years and who was under the impression that they had the relevant residency entitlement; and if he will make a statement on the matter. [43964/13]

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Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy does not have permission to be in the State. This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him or her by or on behalf of the Minister. Furthermore Section 5(2) of the Act provides that a non-Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

If the person mentioned by the Deputy has engaged in employment in the State without the appropriate employment permit both the person and the employer may be guilty of an offence under the Employment Permits Acts 2003 and 2006.

It would appear, from the information supplied by the Deputy, that the person concerned is unlawfully present in the State having first arrived here in June, 2005 and has entered employment contrary to national employment legislation. This is, of course, a matter of serious concern and officials of INIS will be in touch with the person concerning his position here.

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.

Refugee Status Appeals

Questions (162)

Bernard Durkan

Question:

162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [43965/13]

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Written answers

The person concerned applied for asylum on 11 May, 2007. 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. Her judicial review leave application was dismissed by the High Court as an abuse of process on the 17 June 2013 with costs being awarded against the person concerned. Arising from the decision of the High Court, the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.

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 final 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 of my Department 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.

Naturalisation Applications

Questions (163)

Bernard Durkan

Question:

163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [43966/13]

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Written answers

The first named person concerned made an application for a Certificate of Naturalisation in May, 2007. This application was refused and the person concerned was advised of this decision, and the reasons for the decision. It is open to this person, who has current permission to remain in the State until 1 October, 2014, to lodge a new application if and when he feels he is in a position to meet the statutory residency, and other, requirements applicable to such applications.

The second named person concerned was granted a Certificate of Naturalisation in August, 2003.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.

Visa Applications

Questions (164)

Bernard Durkan

Question:

164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if extension of visitor's visa will be granted in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [43967/13]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration (INIS) of my Department that the person mentioned by the Deputy has not as yet made an application to INIS and should be advised to do so.

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 (165)

Bernard Durkan

Question:

165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in regard to residency status/entitlement to apply for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [43968/13]

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Written answers

In April, 2007, the person concerned made an application for residency in the State on the basis of being the spouse of an EU National who was exercising her EU Treaty Rights in this State. This application was approved and the person concerned was notified to this effect by letter dated 18 August, 2008. The person concerned completed the registration formalities to the extent that his permission to remain was valid to 25 October, 2012.

Given that the person concerned was no longer residing with his EU National spouse, he was not in a position to apply for the renewal of his permission to remain on the basis of marriage to an EU national. He has, however, sought a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. Once a decision has been made on this latter application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it will be open to him to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when he is in a position to meet the lawful residency criteria applicable to the lodgment of such applications. Details on the criteria to be met by persons lodging such applications are available from the Irish Naturalisation and Immigration Service Website (www.inis.gov.ie).

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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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