Written Answers Nos. 174-84
174. 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 Cavan; if their status gives them eligibility to apply for naturalisation; and if he will make a statement on the matter. [47574/13]
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 29 December, 2005, 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. Written representations have been submitted on behalf of the person concerned.
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.
The Deputy might wish to note also that a representative of the Irish Naturalisation and Immigration Service wrote to the legal representative of the person concerned on 8 October, 2013 requesting specific information relating to the person concerned. Upon receipt of the requested information, the position in the State of the person concerned can be further considered.
The Deputy should note also 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 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.
175. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the case in respect of prohibition of refoulement has been examined in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [47575/13]
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 24 April, 2009, 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, through his legal representative, submitted written representations pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended).
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.
176. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency-entitlement to naturalisation in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [47576/13]
View answerThe parents of the person concerned were granted temporary permission to remain in 2000, under the arrangements then applicable to non-EEA national parents of children born in Ireland prior to January, 2005. I am informed that the person concerned registered with his local immigration officer for temporary permission to remain in the State, under stamp 2A conditions, from 8 October, 2012 until 1 September, 2013.
Should the person concerned wish to seek a renewal of his temporary permission to remain in the State, he should submit a written request to my officials in the Irish Naturalisation and Immigration Service (INIS) of my Department c/o PO Box 10003, Dublin 1. He should enclose with his request evidence of his current address, his original passport, two passport size photographs signed on the back, his original birth certificate and letters from all schools attended to prove continuous residency in the State. Upon receipt of the appropriate documentation, his case will be examined and a decision communicated to him in due course.
An application for a certificate of naturalisation has been received on behalf of the person concerned and is currently being processed.
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.
177. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which their health situation might be taken into account in determination of residency/extension of residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [47577/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to claimed asylum (along with her son) as a national of the Democratic Republic of the Congo. Information received from the United Kingdom immigration authorities indicated that this person is in fact of Angolan nationality and her case was considered on that basis.
The person in question is the subject of a Deportation Order signed on the 17 September 2013. The Deportation Order was made following a comprehensive and thorough examination of her case (including any health issues) under Section 3 (6) of the Immigration Act 1999, as amended and under Section 5 of the Refugee Act 1996, as amended. Refoulement was not found to be an issue. No issues arise under Section 4 of the Criminal Justice (UN Convention against Torture) Act, 2000. Consideration was given to private and family rights under Article 8 of the European Convention on Human Rights (ECHR).
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation is a 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
178. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position in terms of eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [47578/13]
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.
The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation 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.
179. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which an application for an extension of visitor's visa has been processed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [47579/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy made an application for permission to remain in the State on 25 October 2013. Applications are dealt with in chronological order and INIS will be in touch with this person shortly.
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.
180. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for residency-naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [47580/13]
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 15 November, 2010, 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, she 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 final 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 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.
181. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the case of extension of residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [47581/13]
View answerThe position with this person remains the same as was previously stated in my replies to Parliamentary Questions No. 159 of 17 October 2013, No. 194 of 3 October 2013 and No. 1103 of 18 September 2013. This person currently has permission to be in the State on Student conditions until 31/01/2014. They do not qualify for a Stamp 4 status and when their permission expires they will have to leave the State.
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.
182. Deputy Finian McGrath asked the Minister for Justice and Equality the advice he would offer persons (details supplied) in relation to a Revenue matter. [47623/13]
View answerThe specific matters raised by the Deputy relate to a case that has already been the subject of related proceedings at the Office of the Revenue Commissioners and under the professional conduct regime of the Law Society where a solicitor has been disciplined and, I am led to understand, struck off the Register of Solicitors. I do not hold responsibility for the relevant actions of the independently functioning Office of the Revenue Commissioners nor for those of the Law Society which is the duly appointed statutory body responsible for the regulation of solicitors under the Solicitors Acts 1954 to 2008. Consequently, the Deputy has raised specific matters that lie outside my official remit as Minister for Justice and Equality. It would not be appropriate for me to provide legal or other advice in relation to those matters by way of a Reply. At the same time, I would anticipate that the Law Society and the Revenue Commissioners, having previously dealt with the matters concerned, will be in a position to make every effort to resolve the situation in a fair manner as may be appropriate to the facts of the case.
183. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when the disadvantaged areas scheme payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [47412/13]
View answerAn application under the Single Payment / Disadvantaged Areas Scheme was received from the person named on 5 March 2013. This application was processed and payment generated on 17 October 2013. The payment is currently held by my Department awaiting updated bank details to be submitted by the applicant.
Also a Transfer of Entitlements application was received on 31 July 2013, from the person named requesting the transfer of 37.89 Single Farm Payment entitlements from the joint herd number held with his late mother into his sole name.
As this transfer was by way of inheritance, it was necessary to request testamentary documentation in support of this transfer. Under the Will of the deceased, other persons are the rightful beneficiaries of the Single Payment entitlements. Therefore, before the requested transfer can be completed, these persons must indicate their intention, if they so wish, to waive their rights in favour of the person named.
My Department has requested the necessary waivers on three separate occasions. Upon receipt of the outstanding documentation the application will be processed.
184. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine if any of the commonage parcels (details supplied) in County Galway were subject to ground inspections since 2008 under the single payment scheme process; and if he will make a statement on the matter. [47415/13]
View answerAs required by the Commission, all commonage land parcels declared under the Single Payment Scheme and other Direct Aid Schemes were reviewed by my Department during the period from 2008 to 2010. The objective of this review included the identification and exclusion of ineligible features e.g. roads, houses, forests, lakes, quarries, etc. The review was carried out by ground inspection or ortho-photography, or a combination of both. The commonage parcels referred to were part of this review. Keelderry commonage has been the subject of a number of ground inspections and has also been subject to a number of appeals to the Appeals Office.
