Written Answers Nos. 144 - 154
144. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which review including revocation of deportation order has taken place in the case of a person (details supplied) in County Meath including their family, who have been living in this country for nine years; and if she will make a statement on the matter. [35076/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned, together with other family members referred to by the Deputy, are the subject of Deportation Orders. 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. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Orders. In the mean-time, the Deportation Orders remain 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.
145. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will use her absolute discretion to set aside deportation orders in the case of a person (details supplied) in County Meath whose children have all born here and lived here since 2006; and if she will make a statement on the matter. [35077/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to are subjects of Deportation Orders.
Representations were received on behalf of the persons concerned asking that their Deportation Orders be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). These applications are under consideration at present. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Orders. In the mean-time, the Deportation Orders remain 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.
146. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will use her discretion to review the decision for leave to remain on humanitarian and subsidiary protection grounds in the case of persons (details supplied) in County Meath who have lived here almost eight years and have signed on as required at Garda stations; and if she will make a statement on the matter. [35078/14]
View answer162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will use her absolute discretion to review a case of deportation in respect of a person (details supplied) in County Meath; and if she will make a statement on the matter. [35095/14]
View answerI propose to take Questions Nos. 146 and 162 together.
The persons concerned arrived in the State on 13 February 2006 and 20 July 2007 and made applications for asylum on the dates of arrival. The Refugee Applications Commissioner refused a declaration of refugee status by letters dated 02 August 2006 and 27 March 2008. These decisions were subsequently upheld by the Refugee Appeals Tribunal and this was notified to the persons concerned on 23 January 2008 and 15 May 2009.
On 5 March and 9 June 2009 the persons concerned were informed that it was proposed to make Deportation Orders. The persons were invited to apply for Subsidiary Protection and to make representations under section 3 of the Immigration Act 1999. Having considered the Subsidiary Protection applications and representations Deportation orders were signed on 12 December 2012 and 18 December 2012. The persons concerned were notified by letters dated 16 January 2013.
The persons concerned instituted Judicial Review proceedings on 30 January 2013 challenging the deportation order made and accordingly, as the matter is sub judice, I do not propose to comment further.
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.
147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected position in regard to regularisation of residency status-eligibility for naturalisation in the case of a person (details supplied) in Dublin 15, who is married to an Irish citizen and has one child; and if she will make a statement on the matter. [35079/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
Representations were received from the persons' legal representative asking that his Deportation Order 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.
Further representations were received from the persons' legal representative for a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish citizen child, and based also on the principles of the Zambrano Judgment. This application is under consideration at present.
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.
148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency-eligibility to apply for naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [35080/14]
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.
The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter has issued to the applicant's solicitor requesting certain information. Upon receipt of the requested information the case will be submitted to me for decision as expeditiously as possible.
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.
149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency-eligibility to apply for naturalisation in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [35081/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has current permission to remain in the State to 21st November, 2015.
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 Irish Naturalisation and Immigration Service 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.
150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will use her absolute discretion to facilitate the upgrading of status to stamp 4 to facilitate the regularisation of her residency position in the case of a person (details supplied) in Dublin 11; and if she will make a statement on the matter. [35082/14]
View answerI am informed by my officials in the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has made an application for residence in the State. This application is currently receiving attention.
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.
151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will confirm receipt of all the necessary documentation forwarded to her by this office in respect of a person (details supplied) in County Meath; and if she will make a statement on the matter. [35084/14]
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.
The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter issued to the person concerned on 7th May, 2014, and again on 8th September, 2014, in relation to this application, requesting the submission of certain information. The person concerned was given a period of seven days to respond to that latest request. This application can be further considered upon receipt of the requested information.
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.
152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency-eligibility to apply for naturalisation in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [35085/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations.
These representations, together with all other information and documentation on file, will be fully considered, under 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, in advance of a final decision being made.
The Deputy will appreciate that as the person concerned has no current permission to remain in the State, the issue of an application for a Certificate of Naturalisation does not arise at this time. Equally, given that the person concerned has not held an employment permit issued by the Department of Jobs, Enterprise and Innovation, they would not be in a position to meet the criteria applicable to an application for Long Term Residency.
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.
153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency-eligibility to apply for naturalisation in the case of a person (details supplied) in County Louth; and if she will make a statement on the matter. [35086/14]
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.
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. I am informed that this application is now at an advanced stage of processing and the applicant will be informed of my 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.
154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which it might be possible to expedite the process in regard to determination of eligibility for long-term residency-naturalisation in the case of persons (details supplied) in Dublin 22; and if she will make a statement on the matter. [35087/14]
View answerAs the Deputy is aware, if the persons whose details were supplied have made applications 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.
I am advised by the Office of the Refuge Applications Commissioner (ORAC) that priority is being accorded to certain classes of applications for subsidiary protection under the European Union (Subsidiary Protection) Regulations 2013. Information in this regard is provided on the ORAC's website. UNHCR has provided advice to the ORAC in relation to the matter of the prioritisation of applications.
