Written Answers Nos. 118-123
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of eligibility for asylum and-or refugee status in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [37563/14]
View answerAs the Deputy will be aware, if the person whose details were supplied 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.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [37566/14]
View answerThe question of residency status does not arise at this time in the case of the person whose details were supplied.
As the Deputy will be 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.
120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [37568/14]
View answerThe question of residency status does not arise at this time in the case of the person whose details were supplied.
As the Deputy will be 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.
121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed with regard to a passport in respect of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [37569/14]
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 citizen child, and based also on the principles of the Zambrano Judgment. While the person concerned has submitted some of the required documentation, other items of documentation remain outstanding. Foremost among the outstanding items are a clear copy of the bio-data page from the Irish citizen child's passport and documentation which shows the role they are playing in the child's life. Upon receipt of the outstanding documentation, this application can be further considered.
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.
122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [37571/14]
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 25th May, 2011.
Representations have been received on behalf of the person concerned, requesting 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 the decision resulting from this consideration will be to 'affirm' or to 'revoke' the existing Deportation Order. In the meantime, the Deportation Order remains valid and in place.
As the Deputy will be aware, the effect of a Deportation Order is that the person subject of the Order must leave the State and remain thereafter outside the State.
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 to long awaited.
123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied) in County Kildare regarding an application for naturalisation; and if she will make a statement on the matter. [37572/14]
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 or her mother.
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 e.g. 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; where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons; or where the application is made on behalf of the minor child of a naturalised Irish citizen.
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.
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.
