Written Answers Nos. 35-41
35. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status a person (details supplied) with regard to eligibility for naturalisation; if there are any outstanding documentation and procedures; and if she will make a statement on the matter. [11084/16]
View answerI 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 with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
A letter issued to the person concerned on 17 May 2016 requesting certain information. Upon receipt of the requested information the case will be further processed 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.
36. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status a person (details supplied) with regard to eligibility for naturalisation; and if she will make a statement on the matter. [11086/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application in March of this year 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 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.
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.
37. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality how she can facilitate the regularisation of the residency status of a person (details supplied); if any particular procedures are required; and if she will make a statement on the matter. [11089/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 7 February 2005.
This Order placed a legal obligation on the person concerned to leave the State or failing that, to 'present' at the Offices of the Garda National Immigration Bureau (GNIB), on 10 March 2005. The person concerned failed to leave or to present and is classified as an evader. Should they come to the notice of the Gardaí, they would be liable to arrest and detention. They should, therefore, present to the GNIB without any further delay.
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.
38. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of the application for residency status of a person (details supplied); if she can resolve the situation at an early date; and if she will make a statement on the matter. [11090/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently the holder of immigration permission until 24 June, 2016. It is open to the person concerned to contact their local Garda National Immigration Bureau registration office for a further renewal period, two weeks in advance of this date.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his 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.
39. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the eligibility of a person (details supplied) for asylum and refugee status; and if she will make a statement on the matter. [11091/16]
View answerThe person concerned lodged an application for asylum at the Office of the Refugee Applications Commissioner on 19th November 2014. Following investigation by that office, it was established that the person concerned had been in possession of a valid visa issued by the United Kingdom authorities at the time of their asylum application in this State.
Arising from their previous visa history in the United Kingdom, and in accordance with the provisions of the Dublin III Regulations, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having their asylum application examined there.
This determination placed a legal obligation on the person concerned to 'present' at the Offices of the Garda National Immigration Bureau (GNIB), on 7 July 2015, to make arrangements for their formal transfer to the United Kingdom. The person concerned failed to present and is classified as evading their transfer. Should they come to the notice of the Gardaí, they would be liable to arrest and detention. They should, therefore, present to the GNIB without any further delay.
Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (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.
40. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to consider an upgrade from Stamp 2 to Stamp 4 for a person (details supplied); and if she will make a statement on the matter. [11092/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was registered in the State as a student between 22nd October 2009 and 14th May 2016. As such, they are subject to the student pathway. In this regard, I wish to draw your attention to the document 'Guidelines for non-EEA national students registered in Ireland before 1st January 2011' which is available on the INIS website at www.inis.gov.ie. The person concerned has now completed the maximum time permitted for student conditions in the State and has come to the end of that immigration permission. If they intend to work in the State, then they are required to obtain a work permit.
It is noted that the person concerned has not made contact with the Residence Division of INIS in respect of their position in the State, and there are no applications pending within INIS.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his 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.
41. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status a person (details supplied) with regard to eligibility for naturalisation; and if she will make a statement on the matter. [11094/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
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.
The person concerned was granted Leave to Remain in the State for a 3 year period to 21 December 2015. She is required to apply in writing for the renewal of this permission. As my Department's records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay.
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.
