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Thursday, 19 Jun 2014

Written Answers Nos. 147-155

Law Reform Proposals

Questions (147)

Pádraig MacLochlainn

Question:

147. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to review the conveyancing laws regarding the legal requirement to acquire the written permission from those persons who share a lane or road, before a person can sell a site with access onto that lane or road. [26430/14]

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Written answers

I assume that the Deputy is referring to statutory provisions governing the registration of easements such as rights of way over land as set out in the Land and Conveyancing Law Reform Act 2009 and the Civil Law (Miscellaneous Provisions) Act 2011.

The position is that Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way, based on earlier recommendations of the Law Reform Commission. Section 35 of the 2009 Act, which entered into operation on 1 December 2009, contains specific provisions in respect of easements acquired by prescription, i.e. acquired on the basis of long enjoyment of the easement concerned. It originally provided that such an easement would be acquired at law only on registration in the Land Registry or the Registry of Deeds of a court order under that section.

Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 contain amendments to the 2009 Act and the Registration of Title Act 1964 which simplify the procedures for acquiring easements based on prescription. These amendments permit the Property Registration Authority to register such easements without a court order under section 35 of the 2009 Act where the Authority is satisfied that there is an entitlement to it. However, where the Authority is not satisfied that there is such an entitlement, e.g. where there is disagreement as to its existence between the parties concerned, a court order under section 35 of the 2009 will continue to be required. This is similar to the procedure which applies in respect of applications for registration of title based on adverse possession of the land.

The updated rules applicable to the new arrangements are set out in the Land Registration Rules 2012 (S.I. No. 483 of 2012) and 2013 (S.I. No. 389 of 2013) which are available on the Authority's web site (www.prai.ie).

I have no plans at present to make any further amendments to the law in relation to easements as set out in Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964.

Naturalisation Applications

Questions (148)

Pádraig MacLochlainn

Question:

148. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to reduce significantly the fee for a certificate of naturalisation. [26433/14]

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Written answers

The Irish Nationality and Citizenship Regulations 2011 set out the prescribed fees to be paid by an applicant for a certificate of naturalisation. An application fee of €175 is payable on application for a certificate of naturalisation and a fee is payable by applicants on the issue of a certificate of naturalisation. The standard certification fee is €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of refugees and stateless persons the certification fee is nil. The certification fees were last changed in 2008.

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. Every application must be assessed to establish if the statutory requirements are met. 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. I might also add that following the grant of citizenship it is no longer necessary for the person concerned to register their presence in the State with the Garda National Immigration Bureau which requires the payment of a fee of €300 per registration.

As the Deputy will be aware formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.

All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under ongoing review by my Department.

Departmental Correspondence

Questions (149)

Robert Troy

Question:

149. Deputy Robert Troy asked the Minister for Justice and Equality if she has received correspondence from a person (details supplied); and if she has acted and responded to the points raised in the correspondence. [26500/14]

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Written answers

My Department has had extensive correspondence with the individual in question, over the last number of years, on a wide range of issues. His further correspondence will be considered and responded to in due course.

Temporary Travel Documentation

Questions (150)

Bernard Durkan

Question:

150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a travel document or other facility might be offered to a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [26534/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department to refer the Deputy to my answer to Parliamentary Question No. 596 of Tuesday of this week, 17 June 2014. The situation has not changed in the intervening two days.

"I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in exceptional cases an application for Irish temporary travel document may be considered in respect of qualifying non Irish nationals who are resident in Ireland. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. The person concerned has to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State.

It is open to the person in question to submit an application for a temporary travel document accompanied by the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2. Full information in this regard and the applicable application form is available at "www.inis.gov.ie".

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."

Immigration Status

Questions (151)

Bernard Durkan

Question:

151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) in County Laois qualifies for an upgrade of stamp 2 to stamp 4; and if she will make a statement on the matter. [26535/14]

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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 01 April 2007 and is registered as a student in the State until 30 September 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 in 2007 and will have accumulated 7 years as a student by the expiry date of his current permission. As such he does not qualify for Stamp 4 status.

If this person wishes to work in the State he will be required to hold a work permit. The issuing of work permits is a matter for the Department of Enterprise, Jobs and Innovation. 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.

Deportation Orders Re-examination

Questions (152)

Bernard Durkan

Question:

152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality notwithstanding replies to previous questions, in the case of a person (details supplied) in County Monaghan in respect of whom previous deportation orders were revoked in respect of herself and her child and reinstated on the basis that the issues involved were of a procedural nature, if reinstatement of deportation orders in such a case has due regard for the decision of the courts; and if she will make a statement on the matter. [26536/14]

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Written answers

The Deputy will be aware, from previous Dáil replies in this matter, that a Deportation Order was made in respect of the child of the person referred to. 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 submitted on behalf of the child 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.

I am satisfied that the applications made by the person concerned for asylum, for Subsidiary Protection and the representations submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), together with all refoulement issues, were given the fullest consideration before his Deportation Order was made.

In respect of the mother of the child concerned, there is an ongoing judicial review and it would not be appropriate for me to comment further on her case.

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.

Immigration Status

Questions (153)

Bernard Durkan

Question:

153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status or long-term residency or entitlement to apply for naturalisation in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [26537/14]

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Written answers

The question of residency status or entitlement to 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 remain in the protection process.

Deportation Orders Re-examination

Questions (154)

Bernard Durkan

Question:

154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of residency status or further entitlement or eligibility for leave to remain or naturalisation in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [26538/14]

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Written answers

The person concerned, together with other family members referred to by the deputy, are the subject of Deportation Orders, following a comprehensive and thorough examination of their asylum claims, and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Orders are that the persons concerned must leave the State and remain thereafter out of the State. Representations were received from the persons' legal representative asking that the Deportation Orders 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, that decision, and the consequences of that decision, will be conveyed in writing to the person concerned.

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.

Deportation Orders

Questions (155)

Bernard Durkan

Question:

155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the entitlement to stamp 4 residency status, long-term residency or eligibility for consideration for naturalisation in the case of a person (details supplied) in Dublin 3 who has been in continuous employment in this jurisdiction from 2007 to date, has paid taxes and liabilities during the seven-year period until instructed to cease employment by the statutory authorities; if the person's passport which was retained by immigration is likely to be returned; and if she will make a statement on the matter. [26539/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is part of a family unit who have all consented to deportation. The precise arrangements are being made for the various family members, including the person concerned, and these are expected to be finalised in the near future.

I am also advised that the person concerned has recently been before the Irish courts, having been charged with offences pursuant to the Criminal Justice (Theft and Fraud Offences) Act 2001. The person concerned was convicted on all charges and has received a suspended sentence and a financial penalty.

Given that the person concerned has only held a right of residency in the State on student conditions for a 12 month period between November, 2007 and October, 2008, the question of meeting any residency requirements necessary to support an application for Long Term Residency or for a Certificate of Naturalisation does not arise.

Where a valid passport is retained by the State's immigration authorities, it is the practice that this is returned to the relevant party at the point of their departure from the State. It will ultimately be a matter for An Garda Síochána to decide whether the passport in this case can be returned to the person concerned, at the point of their departure from the State, taking into account that it has been tampered with.

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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