Written Answers Nos. 180-188
180. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in respect of current residency status and-or eligibility for long-term residency-naturalisation in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [3447/14]
View answerThe person concerned applied for asylum on 5 December 2007. Her application was refused by the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, the person concerned made an application for subsidiary protection pursuant to the European Communities (Eligibility for Protection) Regulations, S.I. 518 of 2006, which application was refused, and which refusal was communicated to her on 8 June 2011.
The person concerned also submitted representations pursuant to Section 3 of the Immigration Act, 1999 (as amended). However, a Deportation Order was signed in respect of the person concerned on 27 September 2011.
The person concerned applied for re-entry into the asylum process pursuant to Section 17(7) of the Refugee Act, 1996 (as amended), and this application was refused on 8 November 2012.
Judicial review proceedings were initiated on behalf of the person concerned in the High Court on 22 November 2012, challenging the refusal to allow her to re-enter the asylum process. These proceedings are ongoing.
The person concerned has also submitted an application for revocation of the Deportation Order made in respect of her, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended). The Deportation Order was affirmed, per decision dated 14 February 2013.
Further judicial review proceedings were initiated on behalf of the person concerned in the High Court on 22 April 2013, challenging the decision to affirm the Deportation Order made in respect of her.
A judgment of the High Court issued on 16 September 2013, wherein the court refused, inter alia, to grant an interlocutory injunction restraining the proposed deportation of the applicant. The applicant has now taken proceedings in the Supreme Court to have the High Court judgment set aside and discharged. Accordingly, as this matter is sub judice it would not be appropriate for me to comment further.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
181. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and possible eligibility for long-term residence-naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [3448/14]
View answerThe question of residency status or entitlement to consideration for naturalisation does not arise at this time in the case of the person whose details were supplied. As the Deputy is aware, if the person concerned has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.
182. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status indicating eligibility for long-term residency-naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [3452/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently registered in the State under Stamp 4 conditions granted to him as an exceptional measure. This permission is valid until 15 March 2014 and is renewable directly with their local immigration officer shortly before its expiry date.
Detailed information surrounding any possible entitlement to Irish Citizenship through the Naturalisation process in respect of the person concerned can be obtained from the INIS website at "www.inis.gov.ie". It remains open to the person concerned to make an application for Irish Citizenship under the Naturalisation process should they consider that they meet the requirements for same.
It is also open to the person concerned to apply for Long Term Residency if they believe that they meet the criteria under that scheme. Detailed information relating to Long Term Residency can also be obtained from the INIS website referred to above.
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.
183. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for residency-naturalisation in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [3455/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the passport of the person referred to by the Deputy is in the possession of the Garda National Immigration Bureau (GNIB) since 20th November, 2012 when the person was landed at Dublin airport and given permission to be in the State until 5th December, 2012. The person concerned was given instructions at the time regarding the return of her passport but did not comply with them.
It would appear that the person has remained in the State since 5th December, 2012 without the permission of the Minister and, therefore, unlawfully. She has not made an application for permission to remain and were she to do so, any period of time spent in the State unlawfully would have to be taken into account in considering her application. The person concerned may obtain her passport from GNIB, Registration Office, 13-14, Burgh Quay, Dublin 2.
184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of eligibility for naturalisation in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [3457/14]
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.
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 processing of the applications has been finalised and that they will be submitted to me for decision shortly.
185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status-eligibility for long-term naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [3458/14]
View answerI wish to inform the Deputy that the person referred to has no entitlement to residency.
The person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of her asylum claim and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of a Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.
Representations were received from the person's legal representative asking that her Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When a decision has been made on that application the outcome of that 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 by Email 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.
186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency status-eligibility for long-term residency-naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [3459/14]
View answerI have outlined details in relation to the person concerned to the Deputy in previous Parliamentary Questions, the most recent being on 5th December 2013. The situation remains unchanged.
The person concerned, together with the other members of his family are the subject of Deportation Orders and therefore have no entitlement to residency/naturalisation. The requirement of the Deportation Order is that persons must present to the Garda National Immigration Bureau. The person concerned was due to present on 21st May, 2013, to date he has not presented and is now classed as an evader.
The effect of Deportation Orders is that the persons concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Orders 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 Email 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.
187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding current residency status-eligibility for long-term residency-naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [3460/14]
View answerThe question of residency status or entitlement to consideration for naturalisation does not arise at this time in the case of the person whose details were supplied. As the Deputy is aware, if the person concerned has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.
188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the decision in respect of residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [3461/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
Representations were received from the person's legal representative asking that his Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When a decision has been made on that application the outcome of that 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 by Email 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.
