Written Answers Nos. 186-198
186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to date in regard to determination of long-term residency-stamp 4 or eligibility for naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [10144/14]
View answerThe question of residency status or entitlement to consideration for naturalisation cannot be examined at this time in the case of the person whose details were supplied for reasons that the Deputy should already be aware of.
187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if in the context of determination residency status in the case a person (details supplied) in County Meath qualifies for consideration under the Zambrano judgment; whether their wish to have their stamp 4 updated will be facilitated in the interim; and if he will make a statement on the matter. [10145/14]
View answerIn an Irish context, the Zambrano Judgment applies to certain third country national parents of an Irish born minor citizen child. In the event that the person concerned wished to have his immigration case considered in accordance with the principles set out in the Zambrano judgment, he would need to submit the following information and documentation to the Repatriation Division, Irish Naturalisation and Immigration Service (INIS), 13-14 Burgh Quay, Dublin 2.
(a) A colour copy of the bio-data page of the Irish born minor citizen child's passport,
(b) The Irish born minor citizen child's original Birth Certificate,
(c) A colour copy of the bio-data page from the applicant's own passport,
(d) Two colour passport sized photographs, signed on the back by the applicant,
(e) Documentary evidence that the Irish born minor citizen child is living in the State,
(f) Proof of the applicant's address and residence in Ireland (e.g. current utility bills etc.),
(g) Documentary evidence of the role the applicant is playing in his/her child's life (e.g. letters from schools, crèches etc.) and
(h) Any other information that the applicant considers relevant to his/her case.
In addition, an applicant must provide answers to the following questions:
(i) Has he/she ever been convicted of a criminal offence in the State or abroad? If so, he/she must provide specific details.
(ii) Are there any charges pending against him/her in the State or aboard? If so, he/she must provide details.
(iii) Are there any Court Orders against him/her in relation to family law matters, for example a Barring Order, a Care Order, a Protection Order, a Safety Order etc?
Upon receipt of such information and documentation, consideration can be given to whether the Zambrano Judgment has any direct relevance to the immigration case of the person concerned. The person concerned had permission to remain up to 18th March, 2013. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation. If he has not already done so, the person concerned should apply for the renewal of this permission to remain.
In addition, I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person concerned. A letter was issued by the citizenship section of the Irish Naturalisation and Immigration Service to the applicant on 9th January 2014 requesting him to submit a current Garda National Immigration Bureau (GNIB) card.
188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility to apply for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [10146/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy.
The application is currently at the first stage of the application process. A letter was issued to the person concerned on 7th February 2014 requesting certain information. Upon receipt of this information the case will be further 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.
189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the decision to revoke permission to remain in the State under EU treaty rights in the case of a person (details supplied) in County Kildare will be reversed given her current status and marriage to an EU citizen; and if he will make a statement on the matter. [10147/14]
View answerI am informed by officials in the Irish Naturalisation and Immigration Service that the derived right of residence granted to the person in question under EU Treaty Rights as the spouse of an EU National was revoked on 17 May, 2013 on the grounds that her EU citizen spouse had departed the State in June 2012. The person concerned submitted a request for a review of this decision which was received in EU Treaty Rights Review Unit on 05 June, 2013. The request for a review remains under consideration and EU Treaty Rights Review Unit will be in contact with the person in question 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.
190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the issue of the authenticity of an identification document submitted with an application for naturalisation and subsequently with an application for a passport has been clarified in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [10148/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy had his application granted and was presented with a Certificate of Naturalisation at a citizenship ceremony held at the Convention Centre, Dublin on 20 May 2013.
The Deputy should note that responsibility for the issuing of passports is vested in the Irish Passport Office, a business unit of the Department of Foreign Affairs and Trade. As a result, the persons concerned, or indeed the Deputy on their behalf, may wish to pursue that matter with the Irish Passport Office or indeed with the Offices of the Tánaiste and Minister for Foreign Affairs.
191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in respect of a request for long-term residency or update of stamp 4 or permission to remain in the State in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [10149/14]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department that the person mentioned entered the State on 19/01/2007 and was registered as a student until 22/03/2013.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. As this person arrived in the State in 2007 she is now classified as a timed out Student.
I am informed that an application was received for permission to remain in the State from the person mentioned on 08 July 2013. There are no undue delays in processing cases in this category involving 'timed-out' students; in many jurisdictions cases involving persons who entered as students and who seek to remain as permanent migrants are rejected automatically whereas in others, decisions can take many years to be finalised. I am advised that this case is being assessed on its merits and will be decided upon in the coming weeks.
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.
192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status and-or applications pending in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [10150/14]
View answerThe question of residency status 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.
193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [10151/14]
View answerThe question of residency status does not arise at this time in the case of the person whose details were supplied.
As the Deputy is aware, If the person 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.
194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to stamp 4, long-term residency or eligibility for naturalisation in the case of a person (details supplied) in County Clare who arrived in this jurisdiction in 2002, applied for asylum which was rejected, was subsequently the subject of deportation order which in turn was revoked in 2003, whose family has subsequently settled in this country; the procedure currently in hand or to be followed; and if he will make a statement on the matter. [10152/14]
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 on behalf of the person concerned 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.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.
The enforcement of the Deportation Order remains an operational 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.
195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status and eligibility for long-term residency-eligibility to apply for naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [10153/14]
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.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.
The enforcement of the Deportation Order remains an operational 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.
196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Kildare in respect of whom the decision by the Refugee Applications Commissioner has been fundamentally challenged by his legal counsel; and if he will make a statement on the matter. [10154/14]
View answerThe person concerned claimed asylum in the State on 12 June 2008. Following recommendations by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, his asylum application was refused on 30 April 2010. The person concerned also made an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) on 18 May 2010. His application was refused by my Department on 6 April 2011.
The person concerned challenged the refusal of his subsidiary protection application in judicial review proceedings and leave was granted by the High Court on 4 July 2011. Ultimately these proceedings were dismissed in the High Court in a judgment delivered on 23 March 2012.
Representations pursuant to Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended), were submitted by and on behalf of the person concerned subsequently, against the making of a deportation order in his case. It was recommended, notwithstanding these representations, that a deportation order be issued in respect of him, and on 18 April 2013, a Deportation Order was signed.
The person concerned instituted judicial review proceedings on 14 May 2013 challenging the Deportation Order made in respect of him and accordingly, as the matter is sub judice, I do not propose 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.
197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding long-term residency-eligibility for permission to remain-naturalisation in the case of a person (details supplied) in County Kildare who has been employed on foot of a work permit in this country for more than five years; the procedure to be followed to regularise their residency status; and if he will make a statement on the matter. [10155/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the immigration permission of the person mentioned expired on 14/9/2010. It would appear that he has remained here without the appropriate permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-EEA national may be in the State other than in accordance with the terms of any permission given to him by/or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-EEA national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
The person concerned should immediately contact the General Immigration section of INIS or else he should leave the State.
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.
198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, in the context of consideration of his application for update of stamp 4-permission to remain, consideration will be given to his deteriorating health condition in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [10156/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy has permission to remain in the State on Stamp 4. His current permission is due to expire on 17 June 2014. This permission can be renewed by the Garda National Immigration Bureau and he should present himself to his local Immigration Officer in advance of his current permission to remain expiring in order to apply to have it renewed.
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.
