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Thursday, 13 Mar 2014

Written Answers Nos. 167-178

Court Orders

Questions (167)

Seán Crowe

Question:

167. Deputy Seán Crowe asked the Minister for Justice and Equality the number of barring orders served through Kildare courts in 2013; and the number of multiple barring orders that have been served to individuals. [12563/14]

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Written answers

I wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that a total of 23 barring orders and 5 interim barring orders were granted by District Court venues located in Co Kildare, i.e. Athy, Kilcock and Naas. The Courts Service has stated that information on the number of multiple barring orders that have been served on individuals is not readily available.

Student Visas Eligibility

Questions (168)

Finian McGrath

Question:

168. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding a stamp 3 visa in respect of a person (details supplied) in Dublin 3. [12600/14]

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Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the person referred to by the Deputy currently has a De Facto Immigration Permission application pending with General Immigration since 4 March 2014 and that she has not applied for a Stamp 3. Applications for De Facto Immigration Permission are dealt with in chronological order and a decision will issue on her case in the coming months. I understand that this person's permission to remain on student conditions' expired on 28 February 2014. If the person referred to by the Deputy is a graduate of a level 7 or level 8 Degree course, she may alternatively apply to the Garda National Immigration Bureau (GNIB) for the Graduate scheme to allow her to remain in the State and apply for a work permit.

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. 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (169)

Bernard Durkan

Question:

169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding residency status or eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12653/14]

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Written answers

I 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. 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 processing of this application well advanced 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.

Deportation Orders Re-examination

Questions (170)

Bernard Durkan

Question:

170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding residency status or eligibility for potential naturalisation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [12654/14]

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Written answers

The 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 30th December, 2009, 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. In addition, she was notified of her entitlement to apply for subsidiary protection.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Her judicial review leave application was refused by the High Court on 25th February, 2014, meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. The Deputy might wish to note that, with the coming into force of the European Union (Subsidiary Protection) Regulations 2013, on 14th November, 2013, legal and administrative responsibility for the first instance determination of all applications for subsidiary protection has transferred to the Offices of the Refugee Applications Commissioner.

Against this background, if the person concerned wishes to have her case for subsidiary protection considered, it will be a matter for the Refugee Applications Commissioner to decide as to whether such an application could be accepted from her at this point in time. Given that the person concerned has no current right of residency in the State, 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.

Residency Permits

Questions (171)

Bernard Durkan

Question:

171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding residency status or eligibility for potential naturalisation in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [12655/14]

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Written answers

The 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 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.

Residency Permits

Questions (172)

Bernard Durkan

Question:

172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status entitlement in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [12656/14]

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Written answers

The 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.

Student Visas Eligibility

Questions (173)

Bernard Durkan

Question:

173. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding update of stamp 4 or eligibility for potential naturalisation in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [12657/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned entered the State on 6 November 2008 and was registered on 27 November 2008 as a student until 11 February 2014. The Deputy should be aware that Stamp 2 student permission is not reckonable for naturalisation. An application was received from this person on 24 July 2013 for a change to his immigration status. All applications are dealt with in chronological order and correspondence will issue to this person shortly.

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. 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Family Reunification Applications

Questions (174)

Bernard Durkan

Question:

174. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for family reunification will be entertained in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [12658/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy should be advised to read the new Immigration policy on Family reunification which was published on 31 December 2013. If they meet the criteria required it is open to them to make an application.

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. 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (175)

Bernard Durkan

Question:

175. 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 County Louth; and if he will make a statement on the matter. [12659/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation had 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 the application is 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.

Family Reunification Applications

Questions (176)

Bernard Durkan

Question:

176. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if family reunification will be entertained in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12660/14]

View answer

Written answers

It is open to a visa-required national to make a visa application for any purpose, the onus resting with the applicant to satisfy the Visa Officer as to why the visa should be granted. All information that the applicant wishes to have taken into consideration should be included with his or her application. The criteria that apply to the consideration of an application for a visa for the purposes of family reunification are set out in the Policy Document on Non-EEA Family Reunification which I published on 31 December 2013. The document is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie). It should be borne in mind, however, that the information contained on the website is intended to act as guidance only. It does not limit the discretion of the Visa Officer in dealing with individual applications. If the people concerned have not made visa applications, it is open to them to do so on-line through the following link: https://www.visas.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.

Deportation Orders

Questions (177)

Bernard Durkan

Question:

177. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the proposal to deport in the case of persons (details supplied) in County Westmeath; and if he will make a statement on the matter. [12661/14]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that only one of the persons concerned is the subject of a Deportation Order. The person concerned has been evading her deportation since 29th March 2011 and should she come to the notice of the Garda authorities would be liable to arrest and detention. She should, therefore, present herself to the Garda National Immigration Bureau without any further delay.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. However, if new information or circumstances have come to light, which have a direct bearing on this case and which have arisen since the original decision to deport was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However, I wish to make clear that such an application would require substantial grounds to be successful.

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.

Residency Permits

Questions (178)

Bernard Durkan

Question:

178. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding updated stamp 4 or determination of eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12662/14]

View answer

Written answers

The person concerned was granted temporary permission to remain in the State, on a Stamp 4 basis, on 25 June 2010. This permission was subsequently renewed, with the latest permission due to expire on 6 January, 2017. I am advised that a valid application for a certificate of naturalisation had been received from the person concerned. 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.

Queries in relation to general immigration matters 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.

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