Written Answers Nos. 170-177
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and-or eligibility to apply for naturalisation or both in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [50086/13]
View answerI 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.
The first named person's 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 application for the second named person is at an advanced stage of processing and they will be informed of my decision 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.
171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency status or eligibility to apply for naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [50087/13]
View answerThe person concerned had a Deportation Order made against her on 12th February 2009, following the refusal of her asylum application and her application for subsidiary protection and the subsequent consideration of her case under Section 3 (6) of the Immigration Act 1999 (as amended). This Deportation Order was subsequently revoked and the person concerned was granted permission to remain in the State for a six month period, valid to 1st January, 2012. A further Deportation Order was made in respect of the person concerned on 31st May, 2012.
The person concerned lodged judicial review proceedings in the High Court, challenging the decision to make the latter Deportation Order against her. These proceedings were 'settled'. The Terms of Settlement provided for, among other things, the revocation of the Deportation Order and consideration to be given to a fresh application for renewal of permission to remain.
The person concerned has lodged an application for renewal of permission to remain. This application is under consideration at present. All representations submitted will be considered before a final decision is made. Once a final decision has been made on this application, 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.
172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status or eligibility to apply for naturalisation or both in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [50088/13]
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 18th August, 2006, 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.
The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The judicial review proceedings were struck out on 4th July, 2008 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.
The person concerned proceeded to lodge 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.
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.
173. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [50089/13]
View answerI refer the Deputy to my previous answer to PQ No. 142 of 19 September 2013.
I am informed by the Irish Naturalisation and Immigration Service (INIS) that an application for Family Reunification was received from the person referred to by the Deputy on 3 May 2013 and that a letter issued on 29 May 2013 requesting information necessary to process the application. No response was received and further letters issued from INIS on 19 June 2013, 29 August 2013, 17 September 2013 and 21 October 2013. A response was received to this final letter, however it did not contain sufficient information or documentation to enable the processing of the application and a further letter issued from INIS to the person concerned on 8 November 2013. To date no response has been received.
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.
174. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status or eligibility to apply for naturalisation or both in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [50090/13]
View answerI refer to my reply to Parliamentary Question No. 518 of 19 November, 2013 which is set out below.
The person concerned was granted temporary permission to remain in the State on 8 November, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed for a further three years in 2007. Subsequently the Garda National Immigration Bureau (GNIB) renewed his permission to remain in the State in 2010 until 8 November, 2013.
I am informed that on 6 November, 2013, the person concerned sought to have his permission to remain renewed for a further period. However, his renewal of permission request to the GNIB was not processed on that occasion as he was not in a position to meet the necessary requirements. In the circumstances, I would advise the person concerned to submit a written request for renewal of permission to remain to the Irish Naturalisation and Immigration Service (INIS) of my Department, at PO BOX 10003, Dublin 1, outlining his current family circumstances.
There is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
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 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.
175. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding reckonable residency in respect of eligibility to apply for naturalisation in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [50091/13]
View answerThe person concerned was granted temporary permission to remain in the State on 3 January, 2001 under the arrangements then applicable to non-EEA national parents of Irish born citizen children born in the State before 1 January, 2005. This permission was renewed on a regular basis with the last renewal valid until 28 October, 2016.
There is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
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 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.
176. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) in Dublin 7 can make an application for residency status/permission to remain/Stamp 4 on the basis of their personal circumstances; and if he will make a statement on the matter. [50092/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position with this person remains the same as was previously stated in my four previous replies to Parliamentary Questions raised on 18/09/2013, 03/10/2013, 17/10/2013 and 07/11/2013. This person currently has permission to be in the State on Student conditions until 31/01/2014. It is open to the person to make an application for stamp 4 status, however, as I indicated in my earlier replies to the Deputy, based on the immigration status and known circumstances of the person, she does not qualify for stamp 4 status and accordingly such an application has little prospect of success.
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.
177. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of members of the Defence Forces who have been excluded from the usage of lariam following the military authorities' screening process; if he will provide this information, on an annual basis, as far back as the year 2000; and if he will make a statement on the matter. [49861/13]
View answerI am advised by the military authorities that a record of someone having been found to be unsuitable to take Lariam is entered into the individual’s medical file. However the information sought is not captured in a readily retrievable manner on the Defence Forces’ Personnel Management System and a search would have to be conducted on every individual member’s medical file in order to ascertain the information sought. This is not practicable within the current resource envelope. The Defence Forces are fully aware of the range of reported side effects attaching to all anti-malarial medications. In accordance with the prescribing instructions and information provided by the Irish Medicines Board the Defence Forces Medical Corps take all necessary precautions in assessing the suitability of personnel before prescribing Lariam. Personnel are screened both before and after deployments and all necessary actions are taken to ensure that those with contraindications to Lariam are not prescribed the medication. I have had the various allegations surrounding the use of Lariam investigated thoroughly and have obtained the advice of leading medical experts, who concur with the prescribing practices followed by the Defence Forces.
Lariam must remain in the formulary of medications prescribed by the Medical Corps for Defence Forces personnel on appropriate overseas missions, particularly those in sub-Saharan Africa, to ensure that our military personnel can have effective protection from the very serious risks posed by this highly dangerous disease.
