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Thursday, 14 Apr 2016

Written Replies Nos 271 to 285

Naturalisation Eligibility

Questions (271, 272)

Bernard Durkan

Question:

271. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected Residency status and eligibility for Naturalisation of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [6318/16]

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Bernard Durkan

Question:

272. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to provide a copy of an application made in 2009 to the Irish Naturalisation and Immigration Service by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [6319/16]

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Written answers

I propose to take Questions Nos. 271 and 272 together.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the records indicate that the person referred to by the Deputy was presented with a Certificate of Naturalisation at a Citizenship Ceremony held at the Convention Centre, Dublin on 14 December 2015.

There is no record of an application for a certificate of naturalisation made in 2009 by the person referred to by the Deputy. Requests for records held by the Department should be made under the Freedom of Information Act 2014.

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.

Garda Equipment

Questions (273)

Finian McGrath

Question:

273. Deputy Finian McGrath asked the Minister for Justice and Equality her plans to provide funding for the purchase of water cannons for An Garda Síochána to deal with major public order incidents; and if she will make a statement on the matter. [6323/16]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is primarily responsible for the provision of equipment for An Garda Síochána and I, as Minister, have no direct role in the matter.

I have asked the Garda authorities for the information requested by the Deputy and will revert to him in writing as soon as I have this information to hand.

Garda Stations

Questions (274)

Finian McGrath

Question:

274. Deputy Finian McGrath asked the Minister for Justice and Equality her plans for an open day at Coolock Garda Síochána station in Dublin 5; and if she will make a statement on the matter. [6324/16]

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Written answers

As the Deputy will appreciate the holding of open days in Garda Stations is a matter for the Garda Commissioner and I, as Minister, have no role in the matter.

I have been informed by the Garda Commissioner that at present there are no plans to hold an open day at Coolock Garda Station.

Residency Permits

Questions (275)

Bernard Durkan

Question:

275. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the options for long-term residency for a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [6331/16]

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Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State in 2007 as a Student, and that their original permission to remain in the State was under Stamp 2 conditions which is a low level immigration permission. This permission expired in 2014.

I am further advised by INIS that an application for Change of Status was refused on 7 November 2014 and that eventually additional documentation was submitted to INIS on 24 February 2016: this documentation is currently being considered.

I wish to draw the Deputy's attention to the document 'Guidelines for non EEA national students registered in Ireland before 1 January, 2011' which is available on the INIS website at www .inis.gov.ie. This notice clarifies the position in relation to a non-EEA student registered in Ireland. As well as the above document, a series of guideline notes outlining how the new immigration regime operates are also available on the INIS website, including information on maximum time limits for students who wish to study at Language Non Degree Level and Degree Level. As this person has now completed the maximum time permitted for student conditions in the State, they have come to the end of that immigration permission and as such will not be granted any further permission as a student. Any request for further permission can only be granted within the terms of the Student guidelines.

Should this person wish to enter employment in the State, a prospective employer must first obtain a Work Permit in respect of them. The issuing of Work Permits is a matter for the Employment Permits Division of the Department of Jobs, Enterprise and Innovation, Davitt House, Adelaide Road, Dublin 2. Further information is available at: www.deji.ie. In the event that a Work Permit is issued, this person should then return to their local Immigration Office with the original Work Permit to have the appropriate permission endorsed on their documents.

Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without the permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

Any exceptional or family circumstances may be taken into account if the Minister issues this person with an intention to deport under Section 3 of the 1999 Immigration Act.

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.

Child Protection

Questions (276)

Finian McGrath

Question:

276. Deputy Finian McGrath asked the Minister for Justice and Equality if the issues identified in a new study on child abuse (details supplied) have consequences for how we approach and deal with such problems in this State; and if she will make a statement on the matter. [6333/16]

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Written answers

As the Deputy will be aware, the report referred to deals with events which occurred outside this jurisdiction, however the content has been noted and forwarded to both the Department of Children and Youth Affairs and An Garda Síochána for their attention and review. The issues raised in the report concerning reporting and vetting have been addressed in this jurisdiction as part of Children First National Guidance, and in a range of child protection legislation, including the National Vetting Bureau (Children and Vulnerable Persons) Act, 2012, the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012, and the Children First Act, 2015.

Naturalisation Eligibility

Questions (277)

Bernard Durkan

Question:

277. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [6336/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently has permission to reside in the State until 21 July 2016. The individual has made an application for naturalisation, the processing of which 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.

Visa Applications

Questions (278)

Bernard Durkan

Question:

278. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for a stamp 2 visa by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [6341/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question currently has permission under a Stamp 2 until 5 December 2016.

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.

Garda Communications

Questions (279)

Clare Daly

Question:

279. Deputy Clare Daly asked the Minister for Justice and Equality her views on the arrangements in place to enable citizens to access tape recordings from Garda Síochána stations which are being investigated by the Fennelly commission and which the persons believe contain information which could impact upon the cases that were taken against them. [6342/16]

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Written answers

As I advised the Deputy in my letter dated 31 August 2015, in response to Parliamentary Question No. 130 on 8 July 2015, I have been informed by the Garda Commissioner that shortly after the establishment of the Fennelly Commission of Investigation, and in response to queries from the public, a centralised procedure was put in place at Garda Headquarters to address queries from the public concerning the recording of non-emergency telephone calls at Garda Stations.

All correspondence received under the centralised procedure is now directed to Chief Superintendent, Strategic Transformation Office, Garda Headquarters, c/o Block B, Ashtown Gate, Navan Road, Dublin 15. Enquiries are made within An Garda Síochána in respect of each query received and the results of each query are acknowledged to the requester, investigated and the outcome of the investigation advised to the Fennelly Commission of Investigation.

In the context of the work of the Fennelly Commission, I am satisfied that appropriate arrangements are in place to deal with queries from the public of the type referred to by the Deputy. The Fennelly Commission of Investigation was set up to examine the operation of telephone recording systems in certain Garda Stations over many years, as well as other matters. It is appropriate that the outcome of the investigation of any such queries is advised to that Commission.

I should mention, finally, that in the context of civil proceedings or other litigation, disclosure of material, such as tape recordings from Garda Stations, can be sought either through voluntary discovery or discovery on foot of an order from the Court as part of those proceedings.

Naturalisation Eligibility

Questions (280)

Bernard Durkan

Question:

280. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and eligibility for long-term residency and naturalisation of a person (details supplied) in County Louth; and if she will make a statement on the matter. [6344/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that if the persons concerned have made applications for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.

I am also advised that there is no record of an application for a certificate of naturalisation from the persons concerned.

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 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 Eligibility

Questions (281)

Bernard Durkan

Question:

281. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation of a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [6346/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had their permission to remain in the State renewed for a further three year period to 6 August, 2018. The individual has made an application for naturalisation, the processing of which is ongoing, and the case will be submitted to me for decision as expeditiously as possible.

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 Eligibility

Questions (282)

Bernard Durkan

Question:

282. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [6347/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has made an application for a certificate of naturalisation. The processing of the application is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied. The records show that the person's permission to reside expired on 4 March 2016. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation.

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.

Visa Applications

Questions (283)

Bernard Durkan

Question:

283. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for a stamp 3 visa by a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [6350/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that INIS is considering the matter and will write to the people concerned in the coming weeks.

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.

Naturalisation Eligibility

Questions (284)

Bernard Durkan

Question:

284. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected Residency status and eligibility for Naturalisation of persons (details supplied) in Dublin 22; and if she will make a statement on the matter. [6351/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned have been granted permission to remain in the State for the three year period ending 15 March, 2019. This decision was conveyed in writing to the persons concerned by letter dated 15 March, 2016.

It will be open to the persons concerned to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when they are 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 the Irish Naturalisation and Immigration Service Website (www.inis.gov.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.

Naturalisation Applications

Questions (285)

Bernard Durkan

Question:

285. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [6353/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.

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.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

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