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Thursday, 15 May 2014

Written Answers Nos. 196 - 206

Domestic Violence Policy

Questions (196)

Clare Daly

Question:

196. Deputy Clare Daly asked the Minister for Justice and Equality the legislative proposals she has planned to deal with those guilty of domestic violence in view of a number of recent murders. [21991/14]

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Written answers

The Government is committed to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims. My Department is currently working on legislative proposals to reform and consolidate the domestic violence legislation having received a range of proposals in relation to this commitment.

In addition I expect that the Joint Oireachtas Committee on Justice, Defence and Equality will report on hearings it held in February, 2014 following its receipt of a number of submissions regarding domestic and sexual violence. I intend to closely examine the Committee's recommendations when available and to consider them for inclusion with the proposals currently being developed for the reform of the domestic violence legislation.

Cash for Gold Trade

Questions (197)

Catherine Murphy

Question:

197. Deputy Catherine Murphy asked the Minister for Justice and Equality the current status of regulation of the cash for gold second-hand precious metal industry; if she is concerned that such businesses may be inadvertently fuelling continued high rates of burglary and theft; her intentions with respect to tackling this issue; and if she will make a statement on the matter. [22010/14]

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Written answers

My Department published a report in June 2012 on the criminal justice aspects of the cash for gold trade; this Report is available on my Department's website www.justice.ie. The Joint Oireachtas Committee on Justice, Equality and Defence were requested to consider the content of that report, obtain the views of all relevant interested parties and make such report and recommendations as the Committee deemed proportionate and appropriate in the public interest to the Houses of the Oireachtas and to Government. The Committee provided their observations to my predecessor in May 2013. The Committee's response made a number of suggestions to be considered in addressing this issue; their response also noted that the advent of specific 'Cash for Gold' businesses was a relatively new phenomenon and that drafting legislation to regulate this sector would be a complex matter.

With regard to the suggestion that such outlets may, inadvertently, be fuelling continued high rates of burglary and theft, it is, of course, possible that businesses such as these are among the routes utilised by persons seeking to dispose of stolen goods. However, I am informed by An Garda Síochána that they have no evidence that would suggest a direct link between burglaries and the 'Cash for Gold' sector.

I would also draw the Deputy's attention to the significant success in tackling burglary offences of An Garda Síochána's Operation Fiacla. This operation has proved a robust and effective response to those who seek to prey on law abiding householders as borne out by the full year Crime Statistics for 2013 which are the latest figures published by the Central Statistics Office. These show a welcome reduction of 7.2% in burglary and related offences over the 12 month period and continue a trend which has been evident since the introduction of Operation Fiacla.

The current position is that my Department has considered the views of the Joint Oireachtas Committee on Justice, Equality and Defence and are now examining what appropriate and proportionate responses to this issue could be developed.

Deportation Orders Re-examination

Questions (198)

Bernard Durkan

Question:

198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason for the reintroduction of a deportation order in respect of a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [22070/14]

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Written answers

I refer the Deputy to the Reply given to his recent Parliamentary Question No. 154 of Thursday 1st May 2014. The status of the person concerned is as set out in that reply.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that following a comprehensive and thorough examination of his asylum claim and an examination under Section 3 of the Immigration Act 1999 (as amended), a Deportation Order was made in respect of the person referred to by the Deputy on 1 July 2011. Judicial review proceedings were then initiated challenging the Deportation Order. These proceedings, which related to procedural rather than substantive matters, were settled and the deportation order was revoked. A new proposal to deport letter was then issued.

Following a comprehensive and thorough examination of his application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), a Deportation Order was signed in respect of him on 20 February 2014.

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 .

Asylum Applications

Questions (199)

Bernard Durkan

Question:

199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in respect of the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [22071/14]

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Written answers

If the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they are in the protection process.

Residency Permits

Questions (200)

Bernard Durkan

Question:

200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to determination of eligibility for residency status in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [22072/14]

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Written answers

If the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they are in the protection process.

Immigration Status

Questions (201)

Bernard Durkan

Question:

201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 141 of 10 April 2014, wherein indication was given to the effect that contact would be made with a person (details supplied) in Dublin 8, if the contact has been made to date; and if she will make a statement on the matter. [22073/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person entered the State on 6 November 2008 and was registered as a student in the State until 11 February 2014.

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. Three years are permitted at non degree level. The person referred to by the Deputy arrived in the State at the end of 2008 and will have accumulated 7 years as a student by the end of 2015. As such they do not qualify for Stamp 4 status. They are advised to look at the "student pathway" on the Department's website www.inis.gov.ie to see whether there are any post study pathways available to them. A letter to this effect has been issued to this person.

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 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.

Residency Permits

Questions (202)

Bernard Durkan

Question:

202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for updated stamp 4 in the case of persons (details supplied) in Dublin 8; and if she will make a statement on the matter. [22074/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons mentioned by the Deputy arrived in the State in June 2006 and were registered as students here until 27/02/2012 and 13/11/2012 respectively. Since that date they would appear to have remained in the State without the appropriate permission. This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-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-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

The persons concerned submitted applications to the Residence Division on 10 April 2014. These applications will be dealt with in chronological order and they will be contacted in due course.

Residency Permits

Questions (203)

Bernard Durkan

Question:

203. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if acknowledgement in respect of eligibility for consideration of their residency position under the Zambrano judgment has been acknowledged to a person (details supplied) in County Meath; and if she will make a statement on the matter. [22075/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that while the person concerned has claimed to be the parent of an Irish born minor citizen child, and has sought to assert a right of residency in the State on that basis, the person concerned has not submitted any of the information or documentation required from such persons. As a result, a representative of the INIS wrote to the person concerned on 24th March, 2014 requesting the submission of the required information and documentation. There is no record of the requested information and documentation having been submitted to date. The position in the State of the person concerned can be further considered upon receipt of the requested information and documentation.

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.

Immigration Status

Questions (204)

Bernard Durkan

Question:

204. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 554 of 30 April 2014, if she will issue a copy of a letter referred to in that reply and due to have reissued in the interim in the case of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [22076/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the letter referred to by the Deputy was re-issued to the person concerned on 12 May, 2014. The person concerned has been requested to respond to a number of issues raised in that communication. Upon receipt of the requested information, the position in the State of the person concerned will be further considered.

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 (205)

Bernard Durkan

Question:

205. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding stamp 4 update, including general residency entitlement, in the case of a person (details supplied) in Dublin 12; and if she will make a statement on the matter. [22077/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State for the period to 12th December, 2015. This decision was conveyed in writing to the person concerned by letter dated 12 December, 2013.

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.

Immigration Status

Questions (206)

Bernard Durkan

Question:

206. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of residency status in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [22078/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy arrived in the State on 21/07/2011 and is registered as a Student here until 04/08/2014.

All non-EEA students resident in the State are subject to the student immigration rules as 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 students may reside in Ireland as students for a maximum period of seven years, with three years permitted to students at a non degree level.

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 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.

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