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Thursday, 6 Nov 2014

Written Answers Nos. 121-130

Immigration Status

Questions (121)

Bernard Durkan

Question:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency or entitlement to naturalisation in the case of a person (details supplied) in County Carlow who is anxious to have their residency upgraded to stamp 4 status in view of the fact that they are still a dependant of their father, who has been in legal employment here for several years; and if she will make a statement on the matter. [42557/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy should be advised to make an application to INIS if they wish to change their immigration status.

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 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.

Deportation Orders

Questions (122)

Bernard Durkan

Question:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, having regard to the circumstances in the case, if she will consider revoking the deportation order in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [42558/14]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned, together with other family members are the subject of Deportation Orders.

However, if new information or circumstances have come to light, which has a direct bearing on her case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) to revoke the Deportation Order. However I wish to make clear that such a request would require substantial grounds to be successful. 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.

Immigration Status

Questions (123)

Bernard Durkan

Question:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 133 of 25 September 2014, if a further copy of the letter of 21 August 2014 may issue to a person (details supplied) in County Galway; and if she will make a statement on the matter. [42559/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned replied to INIS' letter of 21 August 2014 and that INIS is in correspondence with the applicant at a different address than that given by the Deputy.

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 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.

Immigration Status

Questions (124)

Bernard Durkan

Question:

124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to naturalisation or updated stamp 4 in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [42560/14]

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Written answers

I 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 5 August 2014, and therefore has no entitlement to naturalisation.

The Deputy might wish to note that the person concerned has never held a right of residency in this State of a nature that would have allowed them to take up a position of paid employment.

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 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.

Immigration Status

Questions (125)

Bernard Durkan

Question:

125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if provision may be made to upgrade or update from stamp 2 to stamp 4 residency in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [42562/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the person referred to by the Deputy does not have an application with INIS. This person should be advised to write to the INIS Residence Division on the matter raised by the Deputy.

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 (126)

Bernard Durkan

Question:

126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status or leave to remain in the case of a person (details supplied) in County Laois. [42570/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 24 April, 2008 and made an application for asylum on 25 April, 2008. The Refugee Applications Commissioner refused a declaration of refugee status by letter dated 24 September, 2008. This decision was subsequently upheld by the Refugee Appeals Tribunal on 18 February, 2011.

On 16 March, 2011 the person concerned was informed that it was proposed to make a Deportation Order and was invited to apply for Subsidiary Protection and to make representations under Section 3 of the Immigration Act 1999. The Subsidiary Protection application was refused and this was notified to the person concerned on 29th August 2011. Following consideration of the representations made pursuant to Section 3 of the Immigration Act 1999, a Deportation order was signed on 07 September, 2011. The person concerned was notified by letter dated 09 September, 2011.

The person concerned instituted Judicial Review proceedings on 21 March, 2013 challenging the refusal of Subsidiary Protection and seeking to quash the deportation order issued in respect of them 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.

Immigration Status

Questions (127)

Bernard Durkan

Question:

127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of residency status, leave to remain or subsidiary protection in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [42571/14]

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Written answers

The question of residency status or leave to remain does not arise at this time in the case of the person whose details were supplied. If the person concerned has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they remain in the protection process.

Garda Station Refurbishment

Questions (128)

Seamus Kirk

Question:

128. Deputy Seamus Kirk asked the Minister for Justice and Equality the position regarding the proposed upgrade of Dromad Garda station, County Louth; and if she will make a statement on the matter. [42586/14]

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Written answers

The programme of replacement and refurbishment of Garda stations is based on accommodation priorities which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation.

In that context, I am informed by the Garda authorities that refurbishment works on Dromad Garda Station will be progressed in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote of the Office of Public Works.

Garda Síochána Ombudsman Commission

Questions (129)

Finian McGrath

Question:

129. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding a Garda complaint in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [42610/14]

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Written answers

It would appear from the correspondence submitted by the Deputy that the individual concerned has made a complaint to the Garda Síochána Ombudsman Commission.

As the Deputy is aware, the Garda Síochána Ombudsman Commission is a statutory independent body which was set up to receive complaints made by members of the public concerning the conduct of members of the Garda Síochána. The Ombudsman Commission is independent in the exercise of its functions and I have no function in relation to the processing of individual complaints which are referred to it for investigation.

Immigration Status

Questions (130)

Bernard Durkan

Question:

130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in the matter of residency status and eligibility for naturalisation in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [42656/14]

View answer

Written answers

I 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.

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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