Written Answers Nos. 124-130
124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for family reunification may be facilitated in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46661/14]
View answerThe visa application referred to by the Deputy was received in the Dublin Visa Office on 24 April 2014. I have been advised by the Irish Naturalisation and Immigration Service of my Department that a detailed assessment has been carried out and a decision was made. The applicant has been informed of this decision.
Queries on 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 of seeking information by way of the Parliamentary Questions process. The Deputy may consider using the email service except in cases where the response from the INIS is in the Deputy's view inadequate or too long awaited.
125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of eligibility for update of status in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [46664/14]
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 her own right, on Stamp 4 conditions, on 3 December 2007 having previously been linked to the permission granted to her sister who was the mother of an Irish born child. This permission has been regularly renewed and is currently valid until 18 August 2016.
I should add that the categories of non-EEA nationals who qualify for educational supports are determined by the Department of Education and Skills. It is for that Department and the bodies operating under its aegis to decide on the criteria that must be satisfied before any educational support can be made available. Insofar as the Immigration Service is concerned the granting of an Immigration Stamp 4 denotes that the holder has an immigration permission to be in the State and the right to work and study. It does not confer on the holder an entitlement to any particular public service or funding. Such matters are determined by the relevant Government Departments or State agencies.
126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an upgrade of stamp 3 to stamp 4 may be facilitated in the case of a person (details supplied) in County Louth; and if she will make a statement on the matter. [46666/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently registered in the State under Stamp 3 conditions valid until 4 July 2015 which is renewable directly with their local immigration officer shortly before its expiry date. The person concerned should be advised to make an application to INIS for Stamp 4 conditions on the basis of family dependency of an Irish national arising from their father's naturalisation.
Queries on 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 of too long awaited.
127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a case for naturalisation will be urgently considered to facilitate travel to their homeland where their parent is ill in the case of a person (details supplied) in County Louth; and if she will make a statement on the matter. [46667/14]
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 referred to by the Deputy 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. This decision will be made as soon as possible. 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.
Any application under Section 15 made by a person who does not satisfy the residency conditions would be ineligible. 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.
Queries on 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.
128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an updated stamp 4 will issue in the case of persons (details supplied) in County Westmeath; and if she will make a statement on the matter. [46669/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons mentioned by the Deputy entered the State on 12/04/2011 and 22/03/2011 respectively. They were granted permission as students until 04/09/2012 and have since remained in the State without permission.
This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-EEA national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-EEA national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
It would also seem that these persons failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non-EEA nationals in respect of registration and in particular I would draw your attention to the requirements of Section 9(2)(b) of the Act of 2004. A person who is found in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable, under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
INIS is not aware of any application for permission to remain in the State having ever been made by these persons, who should now make arrangements to leave the State immediately as they are currently present here without the permission. They should inform INIS of their departure by providing a copy of the re-entry stamps in their passport after they reach their country of origin. Failure to do so will result in the issuing of notifications of a proposal to deport the persons in question.
Queries on 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.
129. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the way a person (details supplied) in County Waterford may regularise their status since an aircraft had to return to Dublin in 2011 when the flight was refused entry into Algerian airspace. [46670/14]
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 and therefore has no entitlement to residency in the State.
Representations were received in late 2013 from the person's legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. 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 Orders remain valid and in place.
Queries on 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.
130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review the case of a person (details supplied) in County Waterford in view of the length of time that has elapsed since the making of their deportation order; and if she will make a statement on the matter. [46671/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Judicial Review proceedings were instigated on 28 March 2012 by the person referred to by the Deputy. These proceedings challenge, among other things, the Deportation Order to which the Deputy refers and accordingly, as the matter is sub judice, I am precluded from further commenting on the matter.
I should remind the Deputy that queries on the status of individual immigration cases may be made directly to INIS by email using the Oireachtas Mail facility. In appropriate cases the facility enables the release of up-to-date information without the need to engage the more administratively expensive Parliamentary Questions process.
