Written Answers Nos. 162-169
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Written Answers Nos. 162-169
162. Deputy Catherine Murphy asked the Minister for Justice and Equality if there is a right to have returned personal data contained on a computer which has been seized by the Revenue Sheriff; and if he will make a statement on the matter. [50059/13]
View answerUnder the Data Protection Acts 1988 and 2003, a data controller must take appropriate security measures against unauthorised access to, or unauthorised alteration, disclosure or destruction of personal data kept by him or her. Moreover, such data may not be retained for longer than is necessary for any specific and legitimate purpose for which they were collected or processed. The Office of the Data Protection Commissioner has, therefore, advised that where computer equipment containing personal data has been seized by the Revenue Sheriff, such personal data should be returned under secure conditions to the person from whom the equipment was seized unless there is a legitimate reason for non-return of the data.
163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [50079/13]
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.
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.
While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. I am informed that this 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.
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.
164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding regularisation of residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [50080/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) in my Department that a letter issued on 7 November 2013 to the persons mentioned by the Deputy explaining their requirements as students in the State.
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.
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.
165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency status and-or eligibility for naturalisation in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [50081/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned is the subject of a Deportation Order signed on 22 March 2006 and therefore has no right to residency/naturalisation in the State. In relation to the children of the person concerned the question of residency status does not arise at this time. Should the option to apply for permission to remain in the State arise in the future for the children of the person concerned she will be advised accordingly.
The person concerned had her case considered under Section 3 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 in this case, in addition no issues arises under Section 4 of the Criminal Justice (UN Convention against Torture) Act, 2000. Consideration was also given to private and family rights under the European Convention on Human Rights (ECHR). The case of the person concerned was considered under Section 3(11) of the Immigration Act 1999 (as amended).
I am satisfied that the application made by the person concerned for asylum and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her is justified.
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.
166. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status and-or eligibility for naturalisation in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [50082/13]
View answerThe person concerned first applied for asylum on 27th May, 2003. He subsequently withdrew that application and indicated a willingness to return voluntarily to his country of origin. However, he did not complete the voluntary return process. The person concerned subsequently consented to deportation and against this background a Deportation Order was made in respect of him on 6th May, 2004. However, in accordance with the provisions of section 3(8) of the Immigration Act 1999, as this consent based Deportation Order was not effected by the relevant date it ceased to have legal effect.
The person concerned subsequently sought to be re-admitted to the asylum process and this request was facilitated with the consequence that a new asylum application was lodged on 3rd March, 2005. This asylum application was refused following consideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14th November, 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 he should not have a Deportation Order 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.
Given that the person concerned has no current right of residency in the State, the Deputy will appreciate that the issue of an application for a Certificate of Naturalisation does not arise at this time.
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.
167. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [50083/13]
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 27th February, 2006, 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 representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. He was subsequently notified of his entitlement to apply for subsidiary protection.
The person concerned submitted an application for subsidiary protection and, in this regard, I recently signed into law a Statutory Instrument to introduce new procedures for the processing of subsidiary protection applications by the Offices of the Refugee Applications Commissioner at first instance and, on appeal, by the Refugee Appeals Tribunal.
When consideration of the subsidiary protection application has been completed, the person concerned 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.
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.
168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency-eligibility to apply for naturalisation in the case a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [50084/13]
View answerOfficials 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 the person referred to in the Deputy's question. The person concerned has permission to reside until 8 January, 2015.
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.
169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and-or eligibility to apply for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [50085/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department 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.
