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Thursday, 25 Sep 2014

Written Answers Nos. 129-139

Direct Provision System

Questions (129)

Michael McGrath

Question:

129. Deputy Michael McGrath asked the Minister for Justice and Equality the approximate cost of ending the current system of direct provision and replacing it with accommodation in the community; and if she will make a statement on the matter. [36381/14]

View answer

Written answers

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application. Currently, 4,330 persons are residing in 34 asylum accommodation centres under contract to RIA. Direct Provision owes its origin as the public policy response to a major accommodation crisis that existed in the late 1990s / early 2000s. At its high point in 2005 the number of persons residing in Direct Provision was 8080.

A key finding in the 2010 Value for Money Report on the Direct Provision system was that if we were operating a system which provided for asylum seekers to live independent lives in individual housing with associated social welfare payments, aside from the asylum 'pull factor' towards the State it would clearly create, the cost to the exchequer could be possibly double what is currently paid under the direct provision system. The report is available in full on the agency's website on www.ria.gov.ie.

In terms of the cost of replacing the Direct Provision system with private rented accommodation, it is difficult to calculate what that cost would be. The number of persons seeking asylum this year is currently running at 40% higher than last. This, invariably, creates additional pressures and challenges for the State. Asylum seekers are not obliged to avail of direct provision supports and a significant number choose to make their own arrangements in the absence of an alternative. Should a system be introduced whereby such persons could effectively avail of mainstream social welfare supports, including rent supplement in line with those available to Irish citizens, it would be logical to expect that the numbers seeking such State supports could increase significantly with costs rising accordingly. It would also be logical to expect an increase in the number of economic migrants seeking to enter the State via the asylum system. Therefore, any change to the current Direct Provision system must be given careful consideration.

The Government is committed to making real improvements to the protection process, including direct provision. We have made a number of commitments to this end in the Statement of Government Priorities 2014 – 2016. This includes a commitment to establish an independent Working Group to report to Government on improvements to the protection process, including Direct Provision and supports for asylum seekers.

My intention is to proceed with the establishment of that Working Group in the near future. Together with Minister of State O’Ríordaín, I hosted a Round Table on 18 September to provide non-governmental organisations active in the field of asylum the opportunity to outline the key issues for them in relation to the State's current arrangements for asylum seekers. That initiative was widely welcomed by the NGOs involved and proved very useful for the purpose of identifying the issues which will need to be addressed. I will be using the outcome of that meeting to inform the terms of reference of the Working Group which I expect to establish shortly.

Garda Recruitment

Questions (130)

Michael McGrath

Question:

130. Deputy Michael McGrath asked the Minister for Justice and Equality the expected number of new Garda recruits to commence training in 2015; the additional cost in 2015 of increasing this number by 100 and 200 respectively; and if she will make a statement on the matter. [36382/14]

View answer

Written answers

The Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College in Templemore on Monday 15th September 2014. This marked a positive step forward for policing in Ireland. It is my intention that there will be ongoing recruitment and I am discussing the details of this with my colleague the Minister for Public Expenditure and Reform.

The Garda Trainees will receive an allowance of €184 per week for the 32 weeks leading to attestation. A weekly living allowance of €77.92 will also be provided for this period. After 32 weeks of training, Garda recruits are attested and move on to the first point of the Garda pay scale of €23,171 rising to a maximum of €45,793 per annum after 19 years. They may also qualify for other allowances depending on their assignments.

The table below discloses the initial annual cost for recruiting 100 and 200 extra Gardaí per annum. The costs presented include employers’ PRSI where relevant but exclude any allowances for which members may qualify following attestation.

Expenditure Category

100 Members

200 Members

*Salary and Allowances

€1.89m

€3.77m

*costs for calendar year from start date of Garda Trainees.

Naturalisation Applications

Questions (131)

Bernard Durkan

Question:

131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which alternative provision will be made to facilitate their application for naturalisation-update of stamp 4 in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [36404/14]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is a sibling of an Irish citizen child of non-EEA Parents, born in the State prior to 1 January, 2005, whose mother was granted temporary permission to remain in the State on 24 January, 2006 under the revised arrangements for the non-EEA national parents of children born in Ireland prior to January, 2005, commonly know as the IBC/05 Scheme. The person concerned was granted permission to remain in the State on 11 April, 2008, in line with the period already granted to her mother. This permission was subsequently renewed on several occasions and is due to expire on 31 January, 2015.

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 referred to in the Deputy's question.

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.

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.

Naturalisation Applications

Questions (132)

Bernard Durkan

Question:

132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of eligibility for long-term residency-naturalisation in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [36406/14]

View answer

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 three year period ending 7th June, 2016. This decision was conveyed in writing to the person concerned by letter dated 7th June, 2013.

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).

Given that the person concerned does not appear to have 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 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 (133)

Bernard Durkan

Question:

133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 196 of 11 July 2013, if she will review the circumstances surrounding the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [36408/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a letter issued to the person mentioned by the Deputy on 21 August 2014 regarding their circumstances in the State, to which INIS is awaiting a reply. A decision cannot be made on the case until the person concerned engages with INIS.

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.

Deportation Orders Re-examination

Questions (134)

Bernard Durkan

Question:

134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will set aside a deportation order in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [36409/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is subject of a Deportation Order made on 3rd May 2012. The person concerned has been evading deportation since 7th June 2012 and, as such, is liable to arrest and detention. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau without further delay.

Representations were received on behalf of the person concerned from the Deputy, asking that the 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. 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 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.

Residency Permits

Questions (135)

Bernard Durkan

Question:

135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the appropriate residency authorisation will issue in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [36411/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question arrived in the State on 05 June 2011 and was registered as a student for three years on non degree courses, until 11 August 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 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, where only the first three years are permitted on non degree and language courses.

If this person wishes to continue studying in the State, they must now be enrolled on a degree course before they can be registered again as a student in the State.

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.

Naturalisation Applications

Questions (136)

Bernard Durkan

Question:

136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency status-eligibility to apply for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [36412/14]

View answer

Written answers

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) 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 reside in the State until 7 March 2017.

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.

The person in question applied for Long-Term Residency on 23 July 2010. His application was approved on 12 March 2012.

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.

Naturalisation Applications

Questions (137)

Bernard Durkan

Question:

137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of an application for naturalisation in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [36413/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an 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 was issued to the person concerned on 19 August 2014 requesting certain information and a copy of the letter has been issued on 23 September 2014. Upon receipt of the requested information the case will be submitted to me for decision.

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.

Work Permits Applications

Questions (138)

Bernard Durkan

Question:

138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will facilitate the updating of a work permit in the case of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [36414/14]

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 02/07/2003 on an employment permit which expired 22/06/2004 and would appear to have remained here without the appropriate permission. The issuing of Employment Permits is a matter for the Department of Jobs, Enterprise and Innovation.

If the Deputy has a query in relation to the status of Immigration cases he may make them 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 the way of Parliamentary Questions.

Residency Permits

Questions (139)

Bernard Durkan

Question:

139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of entitlement in respect of residency in the case of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [36415/14]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position in the State of the person concerned is as set out in my Reply to the Deputy's earlier Question - PQ No. 603 of Wednesday, 17th September, 2014 - copied beneath.

I 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 31st July, 2014.

Following 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.

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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