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Thursday, 23 Apr 2015

Written Answers Nos. 112-119

Naturalisation Applications

Questions (112)

Bernard Durkan

Question:

112. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status and eligibility for naturalisation in the case of a person (details supplied) in Dublin 8 who has previously made an unsuccessful application for naturalisation, given that the person has lived in this jurisdiction for 14 years; and if she will make a statement on the matter. [16139/15]

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Written answers

Officials 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, who currently has permission to remain in the State until 7 December, 2016. A previous application for a certificate of naturalisation were refused for reasons provided to the person concerned in a letter issued on 26 February 2015.

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.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.

The Deputy may wish to note that 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 established specifically 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.

Asylum Applications

Questions (113)

Bernard Durkan

Question:

113. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status and eligibility for long-term residency and naturalisation in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [16140/15]

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Written answers

If 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 question of naturalisation/long term residency does not arise at this time in the case of the person whose details were supplied.

Leave to Remain

Questions (114)

Bernard Durkan

Question:

114. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if leave to remain will be granted in the case of a person (details supplied) in County Waterford, in view of the fact that the person is integrated into the community and the person's children, both of whom were born here, are attending school; and if she will make a statement on the matter. [16144/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, the case of the persons concerned will shortly 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. Various headings set out in Section 3 (6) of the Immigration Act, 1999 (as amended), include family and domestic circumstances, the length of time the persons concerned have been in the State, character and conduct since arrival in the State, employment record and employment prospects as well as any humanitarian considerations advanced by the persons concerned. All representations submitted will be considered before a final decision is 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.

Naturalisation Applications

Questions (115)

Bernard Durkan

Question:

115. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in regard to residency status in the case of a person (details supplied) in Dublin 22; if all documentation requested in connection with the application for naturalisation has been received by the relevant section in her Department; if it is noted that the person's spouse and all other members of the person's family are Irish citizens; and if she will make a statement on the matter. [16145/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy, who currently has permission to reside in the State until 12 March, 2020.

The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter issued to the person concerned on 17 April 2015 requesting certain information, upon receipt of the requested information the case will be submitted to me for decision.

Officials in the citizenship section of the Irish Naturalisation and Immigration Service prepare a comprehensive submission in respect of each application for naturalisation. This submission addresses any claims for the exercise of my discretion in areas such as Irish descent or Irish associations. I decide whether to grant naturalisation based on my evaluation of the merits of the entire case as presented to me.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

The Deputy may wish to note that 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 established specifically 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.

Residency Permits

Questions (116)

Bernard Durkan

Question:

116. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status entitlements or options of a child aged three and the child's mother, the child born of a non-European Union mother and a European Union father, where the father has since left this jurisdiction and the mother is now in a relationship with an Irish national; if the mother and child can avail of status derived from status with the Irish national; and if she will make a statement on the matter. [16146/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that from the information supplied by the Deputy it is not possible to give a definitive answer. If he wishes to write to me providing all details of the circumstances of the case I will consider the matter and write to him further.

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.

Deportation Orders

Questions (117)

Bernard Durkan

Question:

117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and future eligibility and entitlements in respect of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [16147/15]

View answer

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 November 2010.

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.

Residency Permits

Questions (118)

Bernard Durkan

Question:

118. 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 Dublin 22, who is in possession of an up-to-date Stamp 4, but whose case is apparently impeded by virtue of being unable to obtain an up-to-date passport from the Democratic Republic of Congo; if all other documentation has been received by the relevant section in her Department; and if she will make a statement on the matter. [16149/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question has been granted residence permission in the State based on their parentage of an Irish citizen child. This decision was conveyed in writing to the person in question by letter dated 1 April, 2015.

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.

Naturalisation Applications

Questions (119)

Bernard Durkan

Question:

119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if residency credits to date in the case of a person (details supplied) in Dublin 22 are sufficient to facilitate eligibility for a naturalisation application; and if she will make a statement on the matter. [16150/15]

View answer

Written answers

I am informed by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question, who currently has permission to reside in the State until 26 February, 2016.

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. The INIS website at www.inis.gov.ie provides detailed information on Irish Citizenship and Naturalisation and includes an on-line Naturalisation Residency Calculator which individuals can use as a guide as to whether they satisfy the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.

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.

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