Written Answers Nos. 155-165
155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency and the eligibility for naturalisation in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [35088/14]
View answerThe person concerned was granted temporary permission to remain in the State in 2002 under the arrangements then applicable to the non-EEA national parents of Irish born citizen children. This permission was renewed on a regular basis with the latest permission granted to him expiring on 28 January, 2014.
The person concerned applied to the Irish Naturalisation and Immigration Service (INIS) of my Department for further permission to remain in the State on 11 February, 2014. He was requested to provide documentation regarding his family situation, his finances, and proof of continuous residency in the State, by letter dated 25 February, 2014. Some documentation was supplied but it was not considered sufficient. Further documentation was requested by letter dated 30 May, 2014. When the documents requested were received, his passport was examined by the relevant officials of my Department. It showed that the person concerned was absent from the State for considerable periods of time, since his last renewal. In the circumstances, the renewal of his permission to remain was refused by letter issued 19 August, 2014, due to insufficient verifiable evidence of maintenance of his children, allied to his prolonged absence from the State. He was invited to send in observations and comments within 10 working days of receipt of letter. Correspondence has recently been received on behalf of the person concerned, which will be examined by the relevant officials in the INIS.
Officials in the Citizenship Division of the INIS inform me that there is no record of an application for a certificate of naturalisation from the person concerned. I should remind the Deputy that 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 specially established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position regarding long-term residency-eligibility to apply for naturalisation in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [35089/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the subsidiary protection application made by the person concerned was refused on 14th August, 2014. Following on from that refusal decision, and 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.
Issues have arisen in relation to the true identity and nationality of the person concerned who was, by letter dated 27th June, 2014, requested to submit such information and documentation as would definitively establish their true identity and nationality. The person concerned has submitted the requested information and documentation. This information and documentation will be examined in detail and will be factored into the overall consideration of the case of the person concerned.
The Deputy should note that as the person concerned has no current right of residency in the State, the issue of an application for a Certificate of Naturalisation does not arise at this time.
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.
157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status-leave to remain-eligibility to apply for naturalisation in the case of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [35090/14]
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 person concerned, asking that his Deportation Order be revoked. 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 Order. In the mean-time, the Deportation Order remains valid and in place. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.
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.
158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to a family reunification application in respect of a person (details supplied) in County Meath; and if she will make a statement on the matter. [35091/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a decision on the Family Reunification application of the person referred to by the Deputy will issue in the near future.
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.
159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency-eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [35092/14]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of a current 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 16 December, 2014. Two previous applications for a certificate of naturalisation were refused for reasons provided to the person concerned in letters issued on 4th October 2010 and 2nd May 2013.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. When considering making such an application the person concerned should give due regard to the reasons for refusal provided in respect of the previous applications.
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.
160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or potential residency status in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [35093/14]
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 asking that her Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed. The person concerned has been evading deportation since 21st February, 2012 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 effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
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.
161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review the case for long-term residency in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [35094/14]
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 asking that her Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed.
Further representations were received under Section 3 (11) of the Immigration Act 1999. 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 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.
163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will re-examine the case of a person (details supplied) in County Dublin in view of the incorrect information previously recorded on their file and having due regard for the particular circumstances in their case; and if she will make a statement on the matter. [35096/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is the subject of a Deportation Order, issued on the 30th of August 2011. Judicial review proceedings have been lodged in the High Court challenging the making of the Deportation Order, and therefore, as the matter is sub judice, I do not propose to comment further. I can add however that the UK authorities have clarified matters from their perspective. While a UK judicial review is not a factor in their considerations, they have confirmed that under the Dublin Regulations they are the EU Member State with responsibility for the person concerned. The UK authorities have further confirmed that the person concerned absconded from the authorities there on the 21st March 2013. They have had no contact from the person since.
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.
164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 will issue in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [35097/14]
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 in August, 2007 for an initial three year period, valid to 14th August, 2010. This permission to remain was renewed for a further three year period in August, 2010, valid to 14th August, 2013.
The renewal decision letter referred to advised the person concerned of the requirement that they apply for further renewal of their permission to remain one month before their existing permission expired. Given that there is no record of any such renewal application having been lodged to date, it is recommended that the person concerned would proceed to do so without further delay.
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.
165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected position in regard to upgrade to stamp 4 in the case of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [35098/14]
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 on 24th January, 2006, on student conditions, for the period to 24th January, 2007. There is no record of the person concerned having sought to renew that permission.
In the event that the person concerned wishes to apply for a further permission to remain, they will need to apply in writing to the INIS setting out the basis for their application as well as an explanation as to where they have resided in the period since their earlier permission to remain expired. Any such application will need to be supported by documentary evidence. Any application made will be considered on its merits.
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.
