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Thursday, 1 Oct 2015

Written Answers Nos. 144-55

Deportation Orders

Questions (144)

Bernard Durkan

Question:

144. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status of a person (details supplied) in County Cork who, along with the person's family, has been in this jurisdiction for the past seven years; whether any progress has been made regarding the revocation of the deportation order; and if she will make a statement on the matter. [33875/15]

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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 is the subject of a Deportation Order and is therefore not entitled to residency. A request to revoke the Deportation Order has been received but in circumstances where proceedings seeking to quash that Order are ongoing before the High Court and the matter is accordingly sub-judice, I do not propose to further comment.

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.

Residency Permits

Questions (145)

Bernard Durkan

Question:

145. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which progress has been made in regularising residency for a person (details supplied) in County Galway, who has been in this jurisdiction for several years, who has worked both with and without a work permit and who is anxious to be fully compliant; and if she will make a statement on the matter. [33876/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence is due to issue to the person mentioned in the coming days.

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.

Residency Permits

Questions (146)

Bernard Durkan

Question:

146. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date regarding an application for regularisation of residency by a person (details supplied) in County Galway, who is anxious to obtain stamp 4 status, who has worked in this jurisdiction for several years, who is the father of an Irish born child, given that his mother is an Irish citizen; and if she will make a statement on the matter. [33877/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that documentation requested was received by INIS and acknowledged in August 2015. I understand that application will be processed shortly.

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.

Residency Permits

Questions (147)

Bernard Durkan

Question:

147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress, if any, in determining residency status for a person (details supplied) in County Tipperary who is the sibling of an Irish citizen; and if she will make a statement on the matter. [33878/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) in my Department that no record of an application for a right of residency in the State can be found based on the details supplied by the Deputy.

It is open to this individual to lodge an application for a right of residency in the State, as the dependant of an Irish national.

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.

Residency Permits

Questions (148)

Bernard Durkan

Question:

148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status regarding the residency of a person (details supplied) in County Kildare who committed an offence resulting in imprisonment, but who has subsequently completed a third level education; and if she will make a statement on the matter. [33881/15]

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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.

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. 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 person concerned has been in the State, their employment record and employment prospects, the character and conduct of the person (including any criminal convictions) as well as any humanitarian considerations advanced by the person 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 (149)

Bernard Durkan

Question:

149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality whether the current residency status of a person (details supplied) qualifies that person for naturalisation; and if she will make a statement on the matter. [33882/15]

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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 by the Deputy, who currently has permission to reside in the State until 5 October 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. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find 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.

Garda Vetting Applications

Questions (150)

Bernard Durkan

Question:

150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality whether Garda Síochána vetting of an application for employment (details supplied) has been completed; and if she will make a statement on the matter. [33883/15]

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Written answers

I am informed by the Garda authorities that records at the Garda Central Vetting Unit indicate that no Garda Vetting application has been received from the registered organisation concerned in respect of the individual referred to by the Deputy.

In the circumstances, I suggest that the individual contact the authorised signatory of the organisation directly.

Residency Permits

Questions (151)

Bernard Durkan

Question:

151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will consider upgrading residency status to stamp 4 for work and education purposes for a person (details supplied) in County Meath; and if she will make a statement on the matter. [33884/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first named person concerned has permission to remain in the State until 4th November, 2015 on immigration Stamp 4 conditions. The second named person concerned has been granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 4th November 2015. These decisions were conveyed in writing to the persons concerned by letters dated 4th November, 2013.

The decision to grant such status was arrived at following the detailed consideration of the cases of the persons concerned under Section 3 of the Immigration Act 1999 (as amended). These decisions would have had regard for all information and documentation on file at the time the decision was made.

It will be open to the persons concerned to apply for the renewal of their permission in advance of its expiry date. However, I am advised that the INIS would be prepared to review the case of the second named person concerned in circumstances where they presented documentary evidence to show that they had a concrete offer of paid employment available to them. The Deputy will appreciate that any such offer of paid employment must be on the prospective employer's headed paper; it must describe the specific position being offered; it must set out the proposed salary or salary scale; it must provide an indication that any such position is available immediately, is whole-time and is not subject to seasonal factors. Upon receipt of documentary evidence of the nature described, the INIS will undertake a review of the case of the person concerned.

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 (152)

Bernard Durkan

Question:

152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in updating the regularisation of residency status-qualification under the European Communities (Free Movement of Persons) Regulations 2006 to 2008 for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33886/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application, by the person concerned, for residence under the Free Movement provisions is currently under examination. Further documentation was requested in support of the application on 26 August, 2015 but has not been submitted to date. A decision will issue very shortly on the case and will be made on the basis of the documentation on file.

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 Re-examination

Questions (153)

Bernard Durkan

Question:

153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the decision to deport a person (details supplied) in County Laois will be reviewed; and if she will make a statement on the matter. [33888/15]

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 15 July 2011.

Representations were received from the person's legal representative, to request the Minister to use her discretion, 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.

Early Childhood Care Education

Questions (154)

Billy Kelleher

Question:

154. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs if he will reconsider the decision to deduct the payment of a client (details supplied) under the early childhood care and education scheme; and if he will make a statement on the matter. [33657/15]

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Written answers

The Early Childhood Care and Education (ECCE) programme provides a free pre-school year to all eligible children, in the age range 3 years and 2 months to 4 years and 7 months, before commencing primary school. A standard capitation fee of €62.50 per week per eligible child is paid to participating childcare services. A higher capitation fee of €73 per week is paid per eligible child to services with more highly qualified staff. This capitation rate is paid on the basis of a child attending for 3 hours per day, 5 days per week for 38 weeks. Where a child attends for less hours, payment is made on a pro-rata basis.

Payment is made based on the details provided by the childcare service when registering children. The ECCE programme rules are clear that any change in level of service must be notified/administered on the system. It is unfortunate that this service has lost out; however it is the responsibility of the service to manage its childcare arrangements with the parent and therefore to approach the parent in relation to the change in level of service in a timely manner.

Departmental Funding

Questions (155)

Róisín Shortall

Question:

155. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs if he will support and facilitate the Dublin Rape Crisis Centre in conducting a second sexual abuse and violence in Ireland study. [33762/15]

View answer

Written answers

The second Sexual Abuse and Violence in Ireland (SAVI 2) research proposal which was submitted to my Department in June this year, requested that funding of approximately €1m which is required should be divided between four Departments, namely the Department of Justice and Equality, the Department of Health, the Department of Education and Skills and my own Department.

From my Department's perspective, the SAVI 2 proposal can only be considered in the wider context of the constraints, demands and developments relevant to the area of responsibility of my Department. Unfortunately, in the context of the pressure on available resources there is no funding available to my Department from which to consider an allocation for this proposal at this time.

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