Written Answers Nos. 187-194
187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will have due regard to the submissions made by and on behalf of a person (details supplied) in County Longford in respect of his application for leave to remain or long-term residency or eligibility for naturalisation; if cognisance will be taken of the context and commitments he has established; and if she will make a statement on the matter. [25174/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 11th March, 2005. This Deportation Order was made following a comprehensive and thorough examination of the asylum claim of the person concerned and of their case to remain in the State. The person concerned has been evading deportation since 19th May, 2005 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau without further delay.
The person concerned has applied, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), to have this Deportation Order revoked. When this application has been examined in detail, and a decision is arrived at, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
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.
188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will use her discretionary powers to facilitate the requirements for naturalisation in the case of a person (detail supplied) in County Kildare who has found it impossible to obtain the necessary details from the Angolan Embassy in London or the authorities in Angola and whose mother is an Irish citizen; and if she will make a statement on the matter. [25176/14]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question, who currently has permission to remain in the State until 31 January 2015.
The position in general is that persons making an application for a certificate of naturalisation are required to provide evidence of their identity. If they do not have their passport, birth certificate or other supporting document, then they should obtain it, so that the State can have equivalent proofs of the identity of naturalised citizens as all other citizens. In rare circumstances where an applicant cannot obtain their passport, birth certificate or other supporting documents for reasons genuinely beyond their control, then the applicant will be required to provide an explanation and submit evidence, such as correspondence from the relevant authorities responsible for the issuing of passports and birth certificates in their country, stating why they are not obtainable. The Citizenship Division will assess those reasons and if satisfied that they provide a genuine impediment, alternative means of validating the true identity of the person will be put in place.
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.
189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when a valid application for naturalisation will be accepted in the case of a person (details supplied) in County Kildare based on her residency to date; and if she will make a statement on the matter. [25182/14]
View answerI 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 21st December, 2015. This decision was conveyed in writing to the person concerned by letter dated 21st December, 2012.
It will be open to the person concerned to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when they are in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from the INIS Website (www.inis.gov.ie).
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.
190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to issuing stamp 4 status in the case of a person (details supplied) in County Kildare who is awaiting a review of his work permit status and is suffering considerable hardship in the interim; and if she will make a statement on the matter. [25184/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they currently do not have an application from this person and he should be advised to put his case in writing to the Residence Division, Unit 2, INIS 13/14 Burgh Quay, Dublin 2, to have his case assessed.
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 services 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.
191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if reconsideration of refusal of refugee status will be undertaken in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [25188/14]
View answerIf 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 cases for so long as they are in the protection process.
The Deputy will also be aware that the Refugee Appeals Tribunal is a statutory independent body established under the Refugee Act, 1996 to decide appeals against negative recommendations in respect of applications for refugee status issued by the Office of the Refugee Applications Commissioner (ORAC) and to make recommendations to the Minister for Justice and Equality in relation to whether or not refugee status should be granted.
192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of permission to remain in the State on foot of parentage of an Irish citizen child in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [25195/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish born minor citizen child, and based also on the principles of the Zambrano Judgment. This application is under consideration at present. When consideration of this application has been completed, and a decision arrived at, the person concerned will be notified in writing.
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.
193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency or leave to remain or eligibility for naturalisation in the case of a person (details supplied) in County Longford; and if she will make a statement on the matter. [25196/14]
View answerI 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, who currently has permission to remain in the State until 22 June 2016.
I can inform the Deputy 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.
194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will use her discretionary powers to facilitate a person (details supplied) Dublin 8; and if she will make a statement on the matter. [25197/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State for the two year period to 23rd April, 2016. This decision was conveyed in writing to the person concerned by letter dated 23rd April, 2014. That communication advised the person concerned of the requirement that they 'register' at their local Immigration Registration Office, in accordance with the provisions of Section 9 (2) (a) of the Immigration Act 2004.
Section 9 (2) (a) of the Immigration Act 2004 states the following:
".... a non-national shall comply with the following requirements as to registration:
he or she shall, as soon as may be, furnish to the registration officer.......... and, unless he or she gives a satisfactory explanation of the circumstances which prevent his or her doing so, produce to the registration officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality."
Responsibility for the registration process referred to is vested in the Garda National Immigration Bureau, a dedicated Unit of An Garda Síochána with responsibility for immigration and border control matters. As a result, in the event that the person concerned cannot, in spite of their best efforts, obtain a national passport, they will need to present to their local Immigration Registration Office documentary evidence of the formal efforts they have made to obtain such a document. This, however, is a matter which must ultimately be resolved between the person concerned and their local Immigration Registration Office.
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.
