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Thursday, 10 Apr 2014

Written Answers Nos. 143-149

Residency Permits

Questions (143)

Bernard Durkan

Question:

143. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will facilitate the regularisation of residency in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [17220/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a letter issued to the person referred to by the Deputy on 27th November 2013 in which additional documentation was requested in order to complete his application for Long Term Residency. As this documentation was not forthcoming within the specified time scale, the application was deemed inactive and closed on 28th February 2014. On the same date, this decision was notified to his representatives who were also informed that it was open to him to submit a new application to my Department when he was in a position to furnish all the required documentation.

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 (144)

Bernard Durkan

Question:

144. 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 Kildare; and if he will make a statement on the matter. [17221/14]

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Written answers

I wish to advise the Deputy that the extensive history of this case is outlined in my reply to Parliamentary Question number 221 of 16th May, 2013 (copy follows). Since that time I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, following extensive correspondence and a review of the file of the person concerned, further permission to remain in the State was granted for a twelve month period and this is due to expire on 21st July, 2014. The person concerned should make a written application one month prior to this expiry date, including supporting documentation, for further renewal of her residency to the INIS, PO BOX 10003, Dublin 1.

Parliamentary Question number 221 of 16th May, 2013

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted temporary permission to remain in the State under stamp 4 conditions for an initial one year period on 10th June, 2002, on the basis that she was part of a family unit where the parents had been granted residency on the basis of parentage of an Irish citizen child. This permission appears to have been renewed on a regular basis by her local Immigration Officer until March 2010. I am informed that when she attended the registration office of the Garda National Immigration Bureau (GNIB) in May 2010, she was advised to contact my officials in the Irish Naturalisation and Immigration Service (INIS) regarding same. However it appears that the next contact from the person concerned was in March 2012 when she presented to her local Immigration Officer. She was refused registration on this occasion as she has been out of permission since March 2010. The local Immigration Officer advised her to write to INIS outlining her situation prior to renewal of registration. I am informed that she was given this direction by him on 26th August 2012.

I understand that some documentation has since been received from the person concerned by INIS. However, in order to assist in regularising her status in the State, further documentation was requested from her in writing on 13th March 2013. To date no response has been received. On receipt of the documents requested, her case will then be examined by the relevant officials in INIS. Once a decision has been made on her status, this decision and the consequences involved will be conveyed in writing to the person concerned.

I am also informed that the person concerned submitted an application for a Certificate of Naturalisation in August 2005. This application was refused by my predecessor at his absolute discretion. The person's legal representative was notified of the decision and the reason for same by letter dated 31th March 2009. She may re-apply at any time when in a position to satisfy the statutory requirements.

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.

Leave to Remain

Questions (145)

Bernard Durkan

Question:

145. 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 Kildare; and if he will make a statement on the matter. [17222/14]

View answer

Written answers

I am advised by the Irish Naturalisation Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State for one year in 2000 under the arrangements then in place for the non-EEA national parents of Irish born children. This permission was renewed subsequently until 1st September 2008, the expiry date on the passport of the person concerned. Following a review of her case by the relevant officials in INIS, her permission was subsequently renewed in 2013, and is currently valid until 11th February, 2015.

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.

Residency Permits

Questions (146)

Bernard Durkan

Question:

146. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or likely residency status in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [17224/14]

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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. 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.

Naturalisation Applications

Questions (147)

Bernard Durkan

Question:

147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the case for naturalisation, previously refused in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17225/14]

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Written answers

The Irish Nationality and Citizenship Act 1956, as amended provides that the Minister for Justice has absolute discretion to grant an application for a certificate of naturalisation where certain conditions for naturalisation are satisfied. The case was submitted to me for decision and I decided to refuse the application, having considered the information presented, including information provided by the applicant in relation to the matter referred to by the Deputy. There is no provision under the Irish Nationality and Citizenship Act 1956, as amended, for appeal of a decision to refuse an application. It is open to any individual to lodge a new application for a certificate of naturalisation at any time if they consider they are in a position to meet the prescribed statutory requirements.

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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process. 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 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.

Residency Permits

Questions (148)

Bernard Durkan

Question:

148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which residency status has been determined in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17226/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position in the State of the persons concerned is as set out in my Reply to the Deputy's earlier Question - PQ No. 161 of Thursday, 27th March, 2014 - copy follows. The Deputy might note from that Reply that the spouse referred to did not hold a right of residency in the State at that time and that position has not changed in the interim. It states:

In light of the fact that neither of the persons concerned, a husband and wife, had a valid basis to remain in the State, they were both issued with notifications of intention to deport, by separate letters dated 6th June, 2013. These communications advised them of the options open to them as a result which were to leave the State voluntarily, to consent to the making of a Deportation Order or to submit written representations setting out reasons as to why they should not have deportation orders made against them. Written representations have been submitted by and on behalf of both of the persons concerned.

The position in the State of the persons concerned will 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 final decisions are made. Once final decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons 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.

Leave to Remain

Questions (149)

Bernard Durkan

Question:

149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 will be updated in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17235/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had their permission to remain in the State renewed for a further two year period, valid to 11th April, 2016. This decision was conveyed in writing to the person concerned by letter dated 9th April, 2014.

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.

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