Written Answers Nos. 106 - 113
106. 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; and if she will make a statement on the matter. [4185/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, arising from the refusal of the asylum application of the person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 19th March, 2009, that the then Minister proposed to make a Deportation Order in respect of them. The person concerned was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the then Minister setting out the reasons why a Deportation Order should not be made in respect of them. In addition, they were notified of their entitlement to apply for subsidiary protection.
The person concerned initiated judicial review proceedings in the High Court, challenging the Decision of the Refugee Appeals Tribunal in their case. The judicial review leave application was refused by the High Court on 3rd April, 2014. As a result, the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood.
The position in the State of the person concerned will now be decided by reference to the provisions of 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. Any written representations submitted will be fully considered 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.
107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a separate application for update of stamp 4 or application for naturalisation is more appropriate in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [4187/15]
View answerI am informed by the Naturalisation Immigration Service (INIS) of my Department that the parents of the person concerned were granted permission to remain in the State in 2001 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. The person concerned was granted permission to remain in the State for one year on a stamp 4 basis until 23 January, 2015. As her current permission to remain in the State has expired, she should apply for renewal of this permission with the Garda National Immigration Bureau (GNIB).
It will be open to the person concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when she is 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 my Department's Website (www.justice.ie)
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.
108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of residency status in the case of a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [4188/15]
View answerIf 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. 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.
109. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current status or proposal in respect of same in the case of a person (details supplied) in Dublin 11 whose spouse is employed and has residency status and has two children; if their case will be reviewed positively; and if she will make a statement on the matter. [4189/15]
View answerI am informed 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.
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.
Representations were received from the legal representative of 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 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.
110. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which investigations have concluded or are ongoing in the case of the child of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [4191/15]
View answerI have requested an updated report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
111. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status and if all documentation requested has been furnished by the applicant in respect of a residency application in the case of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [4193/15]
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. While the person concerned has submitted some of the required documentation, other items of documentation remain outstanding. Against this background, a representative of the INIS wrote to the person concerned on 21 August, 2014 requesting the submission of specific documentation. There is no record of the requested documentation having been submitted to date. The position in the State of the person concerned can be further considered upon receipt of the requested documentation.
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.
112. 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) whose parent is an Irish citizen; and if she will make a statement on the matter. [4196/15]
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 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), 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.
113. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current status in respect of their residency application process in the case of a person (details supplied) in County Laois following a High Court settlement and withdrawal of deportation order; and if she will make a statement on the matter. [4197/15]
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 8 March 2011 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. These proceedings have recently been settled. I am informed that the Deportation order will be revoked as part of the settlement terms.
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.
