Written Answers Nos. 98-105
98. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 121 of 4 December 2014, the position regarding eligibility to apply for citizenship or naturalisation in the case of a person (details supplied) in County Kildare in view of the fact that their stamp 4 is due for renewal by 11 February 2015; and if she will make a statement on the matter. [4128/15]
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.
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.
In the context of naturalisation, certain periods of residence in the State are excluded. These include -
- periods of residence in respect of which an applicant does not have permission to remain in the State
- periods granted for the purposes of study
- periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.
An online residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.
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.
99. Deputy Patrick O'Donovan asked the Minister for Justice and Equality her plans to extend the youth justice service to Gorey, County Wexford; and if she will make a statement on the matter. [4154/15]
View answerThe Irish Youth Justice Service (IYJS) has responsibility for leading and driving reform in the area of youth justice. It is staffed by officials from my own Department and from the Department of Children and Youth Affairs and located in the Department of Children and Youth Affairs.
The remit of IYJS is to improve the delivery of youth justice services and reduce youth offending. This challenge is met by focusing on diversion and rehabilitation involving greater use of community-based interventions and the promotion of initiatives to deal with young people who offend. The key stakeholders supporting IYJS in its work include An Garda Síochána, Probation Service, Courts Service; Tusla, HSE, the Children Detention Schools, management and staff of community based organisations delivering Garda Youth Diversion Projects and Young Person Probation Community Projects.
The youth justice system should be considered in its entirety, from the Garda Diversion Programme through to the Children Courts and the Children Detention Schools. It is important to note that there it is not a simple question of choice between the Diversion Programme, community sanctions and detention. The principles of the Children Act 2001 require the various authorities to apply, incrementally, a series of "filters" or tests to each case where a child comes into conflict with the law.
The first main filter is the Garda Diversion Programme, involving at different stages and depending on the seriousness of the offence, the informal caution (without supervision) and the formal (supervised) caution, including possible involvement with a Garda Youth Diversion Project. The second main filter is provided by the non-custodial sanctions available to the Courts, including dismissal under the Probation Act and unsupervised sanctions (fines, disqualification, peace bond, curfew etc.). The next stage involves the Probation supervised sanctions (community service and other community sanctions). Finally, as a last resort, detention may be used.
Gorey already has access to a ‘youth justice service’, in that a child offender, who accepts responsibility for his/her actions, will be considered for admission to the Diversion Programme, which operates nationwide. The Wexford Garda Division has 3 Juvenile Liaison Officer posts to support the delivery of the Diversion Programme across the county. Furthermore, following the amalgamation of the Enniscorthy and Gorey Garda Districts in late 2013, the Slaney Project, a Garda Youth Diversion Project originally based in Enniscorthy, extended its reach to include Gorey.
The Deputy will be aware that on 19 December 2014, I was able to announce that funding will be provided under the Dormant Accounts Disbursement Scheme via my Department to expand Irish Youth Justice Service Community Programmes. This new funding will support efforts by my Department and An Garda Síochána to reduce youth crime. There is €2.8 million available to the Irish Youth Justice Service Community Programmes to support a number of proposals, including the establishment of new Garda Youth Diversion Projects (GYDPs) at additional locations around the country, additional youth justice workers for GYDPs in areas with high levels of youth crime and the roll-out of mentoring supports for GYDPs participants and to assist JLOs operating in areas without access to a GYDP.
The locations for new projects and for additional youth justice workers have been selected on the basis of various factors including increases in the youth population and levels of youth crime and will be announced shortly.
100. Deputy Terence Flanagan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 112 and 128 of 13 November 2014, if she will respond to the following (details supplied); and if she will make a statement on the matter. [4169/15]
View answerAs the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. In this regard, the Garda Commissioner is responsible for the distribution of all resources, including fully sworn members and Reserve Gardaí, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
The figures for Malahide that were initially requested by the Deputy were from 31 December 2008 to date. In the reply given on 13 November 2014 the figures supplied were for 31 December 2008 to 30 September 2014. At the time, these were the latest figures available and were correct.
I have now been informed by the Garda Commissioner that the personnel strength of Malahide Garda Station on 31 December 2014, the most recent date for which figures are readily available, was 30.
101. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency status in the case of a person (details supplied) in County Meath and his family; and if she will make a statement on the matter. [4180/15]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that following a comprehensive and thorough examination of the asylum claim and application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), a Deportation Order was signed on 18 December 2012 in respect of the person referred to by the Deputy.
The person concerned initiated judicial review proceedings challenging the Deportation Order made in respect of him. Those proceedings were struck out in favour of the Department on 01 December 2014 and accordingly, the Deportation Order stands.
Representations were received from the person concerned 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 Order remains valid and in place.
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.
102. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress since 2006 in the determination of residency status in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [4181/15]
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.
The effect of a Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders 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.
103. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when leave to remain or long-term residency will be granted in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [4182/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State and applied for asylum on 11 August 2008. His wife applied on the same date. The couple have had four children born in the State, in 2009, 2010, 2012 and 2013. The person concerned was refused refugee status in September 2010, and was informed at that stage that it was proposed to make a Deportation Order in his case. His wife was also refused refugee status at that time. Both parties were informed that they had the right to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. They were also informed that they could make representations to the Minister as to why a Deportation Order should not be made in their case.
The Person concerned and his wife both made applications for Subsidiary Protection, which were refused on 4 January 2011. Following considerations of representations made it was further decided to make Deportation Orders in both cases. The parties were informed of this on 1 February 2011. Deportation Orders have also issued in respect of the three older children, following consideration of representations made in their cases. The child born in 2010 has challenged the making of that Deportation Order in Judicial Review proceedings, which are still before the High Court, and as that matter is sub judice I do not propose to comment any further. The rest of the family remain subject to Deportation Orders, with the exception of the youngest child.
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.
104. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure open to a person (details supplied) in County Tipperary who, accompanied by their parent, came to this country aged four and who made a number of unsuccessful attempts to register and regularise their status; and if she will make a statement on the matter. [4183/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned does not have an application pending with INIS and should be advised to make an application to INIS if they wish to reside here.
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.
105. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in Dublin 22, both of whose children were born here and who has lived here for nine years; and if she will make a statement on the matter. [4184/15]
View answerIf the person whose details were supplied 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. The position in this regard is in accordance with Section 19 of the Refugee Act 1996 (as amended) which provides for the protection of the identity of asylum applicants.
Protection applicants are issued with a temporary residence permission pending a final decision on their application.
