Written Answers Nos. 225-238
230. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which all of the issues arising from an incident followed by an arrest on 7 April 2012 in the case of a person (details supplied) in County Kildare have been fully investigated; if any outstanding matters remain to be dealt with in the case; and if she will make a statement on the matter. [37090/15]
View answerThe person to whom the Deputy refers has been in correspondence with my Department in relation to this incident. In that correspondence she referred to the matter having been decided upon by the Court. As the Deputy is aware, the Courts are independent, subject only to the Constitution and the law, in the exercise of their judicial functions. Accordingly the individual concerned was advised that it was not open to me to comment or intervene.
In any other respect, as the Deputy is also aware, the investigation of crime is a matter for the Garda Commissioner, and is not a matter in which I have any role.
231. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to achieve long-term residency for a person (details supplied) in County Longford who has been in constant employment in this jurisdiction on foot of a work permit for more than five years; and if she will make a statement on the matter. [37092/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Long Term Residency is granted on the basis that a non EEA national has completed a minimum of five years (i.e. 60 months) legal residence in the State on work permit conditions which is reflected in the corresponding Stamp 1 or Stamp 4 endorsements on a person's passport and not by the dates of commencement and expiry of each work permit or equivalent document as some applicants assume.
The person in question made an application for Long Term Residence by letter dated 22/12/2014. A decision was made on this application on 28/01/2015 and a letter issued to the person outlining the reasons for the refusal of the application. It is open to the person concerned to submit a new application for Long Term Residency once they obtain the minimum 60 month reckonable residency under the required conditions of the Long Term Residency Scheme.
The Deputy will be aware 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 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 Parliamentary Question 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.
232. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which long-term residency and naturalisation is available for a person (details supplied) in County Longford, who has been in employment here on foot of a work permit and Stamp 4 for nine years; and if she will make a statement on the matter. [37093/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the individual in question has an application in the final stages of processing. Further documentation was requested recently and it is anticipated that a decision letter will issue shortly.
The Deputy will be aware 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 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 Parliamentary Question 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.
233. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which long-term residency entitlement is available to a person (details supplied) in County Longford, who was previously married to a citizen of the European Union, who has since divorced, who is seeking a family re-unification in respect of a current spouse and who has been in work permit related employment in this jurisdiction for many years; if the Stamp 4 card retained at Dublin Airport immigration might be returned to the person; and if she will make a statement on the matter. [37094/15]
View answerI am informed by the Immigration and Naturalisation Service (INIS) of my Department that the person concerned was granted a residence card, as a family member of an EEA National, on 16 August 2011 under the provisions of The European Communities (Free Movement of Persons) Regulations 2006 & 2008.
I understand that INIS will be in contact with him, in writing, in relation to the retention of his residence card by immigration officials.
Insofar as the question of family reunification in respect of the person's spouse is concerned, I am advised that, to date, INIS have no record of an application for permission to remain in the state.
The Deputy will be aware that 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.
234. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 115 of 24 September 2015, if she will confirm that the information requested from the applicant's solicitor on 3 September 2015 has been furnished to the relevant section of her Department, in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [37095/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the requested documentation was received from the applicant's solicitor on 16 October 2015. Processing of the application is ongoing and the case will be submitted to me for decision as expeditiously as possible.
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.
235. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures available to applicants to join An Garda Síochána who fail one phase of their application process but have the commitment to join the force and are anxious to follow any procedures that might be available to them to achieve their objective; if an appeals procedure or review is available in such cases for applicants, particularly those who may already be members of the Garda Síochána Reserve; the number of cases referred for a review to date and the results of same; and if she will make a statement on the matter. [37099/15]
View answerI can inform the Deputy that recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013.
The Public Appointments Service (PAS) are managing this recruitment process on behalf of the Garda Commissioner and I have no direct involvement in the matter. The Garda Trainee recruitment competition is held under the Commission for Public Service Appointments (CPSA) Code of Practice ‘Appointment to positions where the Garda Commissioner has Statutory Responsibilities’. Included within the Code are procedures and timelines in relation to submitting reviews/appeals. All candidates, including those who are members of the Garda Reserve, may seek a review in accordance with the Code of Practice.
I understand from the PAS that of the 12,600 candidates who have undergone or are currently undergoing the selection process 27 formal appeals have been received and completed to date. Of these, 3 have had the original selection decision overturned. This competition is still in progress.
A candidate who fails any stage of the current recruitment process will be eliminated and will not be allowed re-enter this particular competition.
Applicants who were unsuccessful at the current campaign are not precluded from reapplying for any future competition once they fulfil the eligibility criteria for entry set at that time.
236. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the options available to a person (details supplied) in County Mayo who has been refused long-term residency and leave to remain on humanitarian grounds, given that the person's spouse is an Irish citizen, the children attend school locally and the person has attained a high degree of respect in the community; if this case can be re-examined; and if she will make a statement on the matter. [37101/15]
View answer'Notification of a proposal to deport' letters, pursuant to Section 3 of the Immigration Act 1999 (as amended), have issued to the persons concerned. These letters set out three options for them; namely to return voluntarily to their country of origin, to consent to the making of a Deportation Order or to submit representations as to why a Deportation Order should not be made. It is therefore open to the persons concerned to submit written representations in support of their case to remain in the State.
The persons concerned do not appear to have applied for long term residency and would not be eligible for the long term residency scheme in any event.
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.
237. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position in regard to long-term residency and eligibility for naturalisation for a person (details supplied) in Dublin 22 whose spouse is a holder of Stamp 4 status; and if she will make a statement on the matter. [37102/15]
View answerFollowing the refusal of their asylum claim, the person concerned was invited to lodge an application for subsidiary protection. I am advised that the person concerned indicated to the Office of the Refugee Applications Commissioner, by letter dated 7th October, 2015, that they did not wish to apply for subsidiary protection. The case file of the person concerned was then passed to the INIS Ministerial Decisions Unit for the purposes of having a 'notification of a proposal to deport' letter issued under Section 3 of the Immigration Act 1999. This letter will issue shortly and sets out three options for the person concerned; namely to return voluntarily to their country of origin, to consent to the making of a Deportation Order or to submit representations as to why a Deportation Order should not be made.
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.
238. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a Stamp 4 can be renewed for a person (details supplied) in County Dublin who is a patient of the Mater Hospital and who has three children, all born here; and if she will make a statement on the matter. [37103/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had their permission to remain in the State renewed from 30th January, 2013 until 30th January, 2014 to enable them obtain a passport from their country of origin. This permission was further renewed up to 30th October, 2014 and the person concerned was advised again to obtain a passport from their country of origin.
With a view to having the case of the person concerned progressed, a representative of the INIS wrote to the person concerned on 21st May, 2015 requesting the submission of a specific document. There is no record of the requested document 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.
