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Thursday, 14 Nov 2013

Written Answers Nos. 146-153

Citizenship Applications

Questions (146)

Bernard Durkan

Question:

146. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency and or eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [48739/13]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that valid applications for certificates of naturalisation have been received from the persons referred to by the Deputy.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I am informed that the applications are now at an advanced stage of processing and will be submitted to me for decision in due course.

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.

Residency Permits

Questions (147)

Bernard Durkan

Question:

147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status, eligibility for updated stamp 4 and-or entitlement to naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [48740/13]

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Written answers

The person concerned was granted temporary permission to remain in the State in 2000 under the arrangements then applicable to the non-EEA national parents of Irish born citizen children. This permission was renewed on a regular basis until 2010. The person concerned applied to the Garda National Immigration Bureau (GNIB) to have his permission renewed prior to December 2010. His request was not processed due to concerns regarding his being part of a family unit. However, following consideration and receipt of all requested documentation from the person concerned, my officials granted him a further period of twelve months permission to remain in the State from 9 May, 2012.

The person concerned wrote to the Irish Naturalisation and Immigration Service (INIS) of my Department in April, 2013 to seek further permission to remain in the State. He was requested to provide up to date documentation regarding his family situation and finances by letter dated 22 May, 2013. Some documentation was supplied by the person concerned but it was not considered sufficient. Further documentation regarding the family situation of the person concerned was requested by letter dated 23 July, 2013. To date this additional documentation has not been received. Upon receipt of the appropriate documentation, the case of the person concerned will be examined by the relevant officials in the INIS and a decision communicated to him in due course.

A valid application for a certificate of naturalisation has been received from the person concerned. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I am informed that this application is now at an advanced stage of processing and will be submitted to me for decision in due course.

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.

Residency Permits

Questions (148)

Bernard Durkan

Question:

148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, in the circumstances, he will consider upgrading stamp 3 to stamp 4 status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [48741/13]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for Long Term Residency received from the person referred to by the Deputy has been granted, based on the applicant being a dependent of her spouse, that is, a Stamp 3. I wish to advise the Deputy that the granting of Long Term Residency on a Stamp 4 is subject to an applicant meeting a number of requirements including that he or she has completed five years legal residency in the State on work permit / work authorisation / working visa conditions.

I am further informed that the person concerned has not made an application to date to change her immigration status. It is open to her to make such an application in writing to the General Immigration section in INIS.

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.

Residency Permits

Questions (149)

Bernard Durkan

Question:

149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48743/13]

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Written answers

The question of residency status in the case of the person whose details were supplied does not arise at this time. Should the option to apply for permission to remain in the State arise in the future the person concerned will be advised accordingly.

Asylum Applications

Questions (150)

Bernard Durkan

Question:

150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he has studied the content of the original report in respect of determination of residency status in the case of a person (details supplied) in County Dublin with particular reference to their well-founded concerns in respect of their well-being in view of the concern expressed by the United Nations in respect of the treatment of lesbian, gay, bisexual and transgender people in their home country; and if he will make a statement on the matter. [48744/13]

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Written answers

The person concerned arrived in the State on the 28th September 2009 and claimed asylum which was refused by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal. On the 25th August 2010 the Ministerial Decisions Unit informed the applicant in writing that it was proposed to make a Deportation Order in respect of him. This letter was returned marked ‘gone away’ on the 26th August 2010.

A Subsidiary Protection application and representations pursuant to Section 3 of the Immigration Act 1999 were made on behalf of the applicant by the Refugee Legal Services Galway on the 9th September 2010. All documents submitted by the applicant and his legal representative along with all papers on file were fully considered by the Minister and the applicant was informed that his application for Subsidiary Protection was refused on 8th August 2011. He was informed on 30th August 2011 that it had been decided to make a Deportation Order against him. Judicial Review proceedings challenging both of these decision were brought before the High Court on 24th September 2011 and are currently ongoing. As the matter is therefore sub judice I do not propose to comment further.

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.

Visa Applications

Questions (151)

Bernard Durkan

Question:

151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if family reunification will be facilitated in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48745/13]

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Written answers

Based on the information supplied by the Deputy, I am informed by officials in my Department that they can find no record of a current visa application for the daughter of the person in question. When completing an on-line visa application the applicant is assigned a unique visa transaction number. If the Deputy could provide this number to officials in the Visa Office, I will arrange for an update on the case to be provided.

If a visa application has not been submitted by the person concerned, it is open to them to make a visa application on-line through the following link: https://www.visas.inis.gov.ie

Comprehensive information on the visa application process is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Queries in relation to general immigration matters 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.

Departmental Properties

Questions (152)

Seán Ó Fearghaíl

Question:

152. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he considers it unusual that Kildare County Council has included only seven structures, on the Curragh Camp, in its inventory of listed buildings included in its most recent county development plan; if his Department or the authorities on the Curragh Camp have actively engaged with the planning department of Kildare County Council in identifying buildings that might be listed; if planning officials from the council have carried out a thorough survey of all relevant buildings on the Curragh Camp; if his Department has sought in any way to influence the county council in relation to the buildings it might lIst; and if he will make a statement on the matter. [48589/13]

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Written answers

The inclusion of structures on the Record of Protected Structures (RPS) is a matter for the relevant local authority, in this case Kildare County Council. It is up to the planning authority to decide whether a structure should be included in the Record by identifying characteristics of special interest under various headings including architectural, historical, archaeological, artistic, cultural, scientific, technical, and social. A planning authority can use a number of different sources to help it to identify structures for protection whether by carrying out surveys or through the National Inventory of Architectural Heritage (NIAH) (a unit within the Department of Arts, Heritage and the Gaeltacht). The NIAH compiles records of the architectural heritage of Ireland and provides the planning authorities with details of surveys of their area and makes recommendations on structures to be added to the RPS. It is up to the planning authority to decide if any of the structures recommended should be included in the RPS. My Department has not sought to influence the Council in relation to the buildings it might list.

My Department’s property portfolio consists of a diverse range of facilities from conventional military barracks, training lands, forts, camps, dwelling houses and land and the Curragh Camp, by the nature of its many varied structures, is a clear example of this diversity. A number of buildings in the Camp have been identified as of historical or architectural significance and the preservation and maintenance needs for both these and all other buildings in the Camp are reviewed as part of the Department’s maintenance and capital expenditure programme each year.

Defence Forces Family Clinics

Questions (153)

Seamus Healy

Question:

153. Deputy Seamus Healy asked the Minister for Defence if he will reverse his decision to close the medical clinic at the Curragh, County Kildare in view of the fact that members of the Defence Forces habitually risk life and injury on behalf of the State at home and abroad; and if he will make a statement on the matter. [48697/13]

View answer

Written answers

I have no plans to change the decision to discontinue the services provided at the Curragh Families Clinic. The Families Clinic currently provides free GP and pharmacy services to the families of certain enlisted military personnel who are resident within the Curragh camp and surrounding areas.

Members of the Defence Forces do not attend the Clinic as they have a dedicated and comprehensive medical service provided by the Medical Corps which is available at all times.

As the Curragh Families Clinic is a facility that is neither provided to members of the Defence Forces, nor encompassed by the C & A Schemes for the Defence Forces, its closure is not an issue that comes within the scope of the Haddington Road Agreement.

The service dates back to a time where the provision of medical services for all families of enlisted personnel was included in Defence Forces Regulations. Following the introduction of free public hospital care for all citizens in the 1970’s, the entitlement to medical services for military families was formally removed from Regulations in 1987 and the family section of the Curragh Military Hospital closed at this time. However, the Curragh Families Clinic was retained because of the difficulty in obtaining doctor and pharmacy services in the Curragh area at the time. This is no longer the case.

The service is an anomaly in that it is a benefit which is only available to a relatively small number of families resident within the Curragh Camp and surrounding areas. Similar services are not provided to families of enlisted military personnel at any other location in the State. A further anomaly arises in that new personnel deployed to the Curragh in recent times do not receive the benefit of free family care.

A number of reviews, undertaken in the period since 1990, have recommended that the Clinic be closed. The decision to discontinue the operation of the clinic has been made having regard to those reviews, equity considerations and the cost of the service.

I would like to emphasise that the families affected will have the same rights of access to public health services as other families of enlisted personnel. Also, existing services are being maintained until 31 December 2013 to allow families make arrangements to transfer to local GP’s and apply for medical cards or GP visit cards if required. If any patient requires assistance in finding a new GP or applying for a medical or GP visit card this can be provided by staff in the clinic during the transition period.

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